(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "North Carolina Register v.13 no. 22 (5/14/1999)"

■f./k 



■:<.' 



NORTH CAROLINA 

REGISTER 



ECEIVED 



MAY 1 7 1999 

KATHRINE R. EVtREI 
LAW LIBRARY 



VOLUME 13 • ISSUE 22 • Pages 1812 - 1895 



May 14, 1999 



IN THIS ISSUE 

Executive Orders 

ENR - NPDES Permit 

HHS- Medical Assistance - Disproportionate Share Payment 

Acupuncture Licensing Board 

Commerce 

Community Colleges 

Employee Assistance Professionals 

Environment and Natural Resources 

General Contractors, Board of 

Health and Human Services 

Housing Finance Agency 

Nursing, Board of 

Pharmacy, Board of 

State Personnel 

Transportation 

Rules Review Commission 

Contested Case Decisions 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance Miih G.S. 125-1 1. 13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any o 
components, consult with the agencies below. The bolded headings are typical issues which the gi' 
agency can address, but are not inclusive. 



I 



Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Division 

Capeiiart-Crocker House (919) 733-2678 

424 North Blount Street (9 1 9) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich, Director APA Services 
Ruby Creech, Publications Coordinator 



mmasich@oah.state.nc.us 
rcreech@oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

1 16 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Warren Plonk, Economist III 



(919)733-7061 
(919) 733-0640 FAX 

wpIonk@osbm.state.nc.us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-2721 
(919)733-9415 FAX 



♦ 



Legislative Process Concerning Rule-making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (9 1 9) 733-2578 

Raleigh, North Carolina 276 11 (919) 71 5-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marys@ms.ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

2 1 5 North Dawson Street (919)71 5-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 LIS 



NORTH CAROLINA 
REGISTER 



II. 




III. 



Volume 13, Issue 22 
Pages 1812 - 1895 



May 14, 1999 



This issue contains documents officially filed 
through April 23. 1999, 



IV. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 

Linda Dupree, Editorial Assistant 

Jessica Flowers, Editorial Assistant 



VI. 



VII. 
VIII. 



IX. 



IN THIS ISSUE 

EXECUTIVE ORDERS 

Executive Orders 148 & 149 1812- 1813 

IN ADDITION 

Environment and Natural Resources 

Environmental Management - NPDES Permit . 1814 
Health and Human Services 

Medical Assistance 1815-1817 

RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Coastal Management 1818 

Health and Human Services 

Health Services, Commission for 1818 - 1820 

Health and Human Services, Department of . . . 1820 
Independent Agencies 

Housing Finance Agency 1822 

Licensing Boards 

Acupuncture Licensing Board 1820 - 1 821 

General Contractors, Board for 1821 

Nursing, Board of 1821 

Pharmacy, Board of 1821-1822 

PROPOSED RULES 
Community Colleges 

Community Colleges. State Board of 1849 - 1 850 

Environment and Natural Resources 

Environment and Natural Resources 1827 - 1842 

Wildlife Resources Commission 1842 - 1843 

Health and Human Services 

Health and Human Services 1 823 - 1 827 

Licensing Boards 

Pharmacy. Board of 1848 - 1849 

State Personnel 

State Personnel Commission 1850 - 1852 

Transportation 

Motor Vehicles 1843 - 1848 

TEMPORARY RULES 
Environment and Natural Resources 

Environmental Management Commission 1860 - 1865 

Marine Fisheries Commission 1865 - 1867 

Health and Human Services 

Mental Health. Developmental Disabilies 

and Substance Abuse Services 1 853 - 1 860 

APPROVED RULES 1868 - 1877 

Commerce 

Departmental Rules 
Health and Human Senices 

Health Services 

Medical Assistance 

Mental Health, Developmental Disabilities 
and Substance Abuse Services 
Licensing Boards 

Employee Assistance Professionals. NC Board of 

RULES REVIEW COMMISSION 1878- 1879 

CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1880- 1892 

Text of Selected Decisions 

98 DHR 1565 1893 - 1895 

CUMULATIVE INDEX 1-86 



Sorih Carolina Register is published semi-monthK lor $195 per year b\ the Office of Administrate e Hearings. 424 North Blount Street. Raleigh. NC 
27601. (ISSN 15200604) to mail at Penodicals Rates is paid at Raleigh, NC. POSTMASTER Send Address changes to the \orth Carolina Register. 
PO Drawer 27447. Raleich. NC 276 II -7447 



NORTH CAROLINA ADMINISTR4 TIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and chapters, 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigtied a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 



DEPARTMENT 



LICENSING BOARDS 



CHAPTER 



1 


Administration 


Acupuncture 


1 


T 


Agriculture 


Architecture 


■> 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Emplovee Assistance Professionals 


11 


9 


Go\emor 


General Contractors 


12 


to 


Health and Human Sen ices 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safet\ 


ElectroKsis 


19 


15A 


Fn\ironmentand Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Revenue 


Hearing Aid Dealers and Fitters 


")-) 


18 


Secretan. of State 


Landscape Architects 


26 


19A 


Transportation 


Landscape Contractors 


28 


20 


I'reasurer 


Marital and FamiK Therapy 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


T-) 


Administrative Procedures (Repealed) 


Midvvifer}- Joint Committee 


33 


23 


Communit\ Colleges 


MortuaPi Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometr> 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacx 


46 






Phxsical Therap) Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatrv Examiners 


52 






Professional Counselors 


53 






Psycholog) Board 


54 






Professional Engineers & Land Sur\e>ors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






\'etennar\ Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 



u 

i- ^ 

*-' ^ ^1 

as ^ C' 

^ :S ov 
s ^ 

H -=> 

a -^ 

o 

z 



>■ 




E 










































OS 












































< 




0^ 





































■CJ 






p 




^u 






g^ 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 


p 




p 


ii 




r- 





00 


oc 


^C 









00 


ri 


06 




f^ 




00 




r~- 










r-i 




r-i 





("J 




ri 




r-l 




r-l 








rj 














O .2 


















































fN 


r^i 






n- 


5 




■/i 


■3 


nC- 


r~~ 


i^ 


00 


oc 


p 









— 





"■ 


























O- 


-0 















— 


Lb; 




r- 










































H 




M 














































*> -: c 














































> S.s 














































;; = s 

•3 ^^ % 































































p 








p 


p 


p 


p 




p 


p 


p 


p 


p 


p 






p 




p 


















































•¥,-= " 


a 


5; 


^ 





0^ 


0; 


S 


CJN 


ON 


a 


S 


o^ 


0^ 


0^ 











0^ 


ON 


S 






M -^ i_ 


p 


p 




p 


p 


p 




P 


p 


p 


p 


p 


p 


p 


p 






p 


P 


p 




u 


ii-S ^ 












































i/-". 


^> 


<?, 


i?^ 


«i^i 


ir, 


t/", 


uS 


trl 






i?i 


■?. 




ir-, 


y-, 


1^, 




i?, 


i?i 




^ 

















— 








— 














— 


— ' 


— 











■0 




1 






















































































o 


W ^ 












































. c 


B s . 












































« 8 


^=* *s ? 


c^ 


a^ 


ON 


ON 


ON 


ON 


ON 


0- 


0- 


■o- 


ON 


ON 






















■? 


g^ 


ON 


P 


P 


p 


p 


p 


p 


p 


p. 


P 






p 















O' 


= = •- a -s 



























ri 


r-l 














^ 


.i:: 










"n 


i .? £ -; J! 
gj " i E 


rj 


ri 


ri 


ri 


r-j 


ri 


n 


c 


CJ 


f~l 


n 


s 


r 1 




n 


ri 


ri 


ri 


C 


ri 






5 


5 


^ 


^ 


06 


<x 


t? 














r^ 


ri 






ri 


r"i 




<^. 




c 


^ 








■— ■ 








































3 












































3 


^ 






















































































1 - i 1 

K 4- 0- 


a- 


0- 


0^ 


0- 


0^ 


o- 


o- 


o- 


0- 


a- 


0^ 


0- 





o- 


a- 


,— , 


^ 


.— 


— . 


— 






cr 


g^ 


P" 


0^ 


P 


p 


On 


o- 


ON 


p 


ON 


ON 


o- 


?■ 


p 


p 






5 


p 


















--^ 


--, 


— ~ 




--^ 


--. 


--. 






















-T 


ri 




r^ 


^ 





r<^ 




lAy 




V-| 





-f 




^ 




-r 


S 


^ 


















c 




P 




P 
















c 




CG 




^; 


sO 


t^^ 


r^ 


io 


06 


^ 


p 




^ 




_:; 


;::::. 


r~t 


rl 


;i. 


::;i 


rl 




^^ 


c 
























— 





— 


— 


— 


— 


" 


C; 


3. 


~ 


~ 


Si 










^^^ 






^^^ 


^^^ 


^^^ 


^^^ 


^^^ 






^^^ 






^^^ 








^^^ 










^^^ 






^^^ 


^^^ 


^^^ 


^^^ 


^^^ 






^^^ 






^^H 








^^^ 


!^ g 




S^~ i 










































^ k. 




-- 0/ .= 










































;^ © 


































-0 

























p 






p 


p 
















p 


p 













o < 




3; 


0^ 


CT-" 


o- 


0^ 





0^ 


p 


c? 





p 


0^ 


0- 


O^ 





a- 





cr 








a = 


?is 






p 


p 


p 


p 


e 




P 


P 






p 


s 


p 


p 


p 


p 


p 


p 


^ B 


c 




1/^, 


1^1 


<?, 






<J~, 


■?, 


i? 


V, 


ia", 


i?", 




ir, 


ir, 


i*-i 


1/-, 


1^1 




ir, 


E 


Hi 










































O " 


"' 


~ 


~' 


'" 


"' 


" 






'~ 


~ 


~ 


~ 


~ 


~ 














ly 










































^ s 

^ 


i 

o 

c 












































w *- 












































c 


ac « ' 










































u 




^ ^'^ * S ^ 


0- 


a- 


2^ 





















2 





o- 




0- 














o- 


?■ 




■? 


p 


p 


?■ 


p 


p 


p 




p 


p 


p 


p 


p 












!s 


E ^ ■- C£ ■= 






'z. 



















^ 




ri 


r"i 


d 




3 





^ 


li::: 






■a .t: (u r; t, 


''} 


r"] 


r-i 


n 


rN 


CJ 


c 


ri 


c 


c 


ri 


r" 


ri 


r 1 


c 


r'\ 


ri 


rj 


n 


ri 




e 


3| - i ^ 




I*-, 


nC 


sC 


t^ 


i^ 


oc 


^ 


o- 


p 










r1 


M 






ri 


ri 




2 


- 
















r^ 




■~ 


~ 


~" 


_ 






- 













e 

c 
c 


3 u- 
1/; 










































^lll 


2 


o- 


0- 


■O^ 


ON 


ON 


ON 











ON 





cr- 


ON 


S^ 


a 


O" 


_. 


■0 


_ 






^ 


■p 


p. 


9; 


P 


g^ 


P 


g' 


p 


P 


g^ 


p 


P 


p 


3: 


9: 


p 


~ 


p 






= 11- 

<u £ 1 a. 

1- (- 




r^ 




~f 






r~i 


NO 




•A, 




v^< 








W-, 




-r 




-T 














P 




p 




p 




P 




p 




















lt", 


i^ 


3 


^ 


r^ 


ri 


oc 


00 










~ 




_: 


rl 


ri 


rl 


_ 


rl 


n 






— 










~^ 


~' 





■^ 


^' 


■^ 


~ 


^" 












~' 


-'■ 


~ 






4; 


o- 


■cr 


0- 


O- 







O; 


3- 











o- 











P 





o- 










■= S c 


a- 


g^ 


p^ 


p. 


p 


p 




?■ 


g- 


p 


g' 


p 


p 


g" 


p 


p 


p 


a- 




p 




















































i> 





00 




5 





nC' 













oc 




^ 





NO 





0: 










m 


~ 


p 




C' 




'"'■ 


— 


C' 




rn 


— 


p 






— 


rn 


— 


C' 






;= 1- 4; 


!X 


■2^ 


ir, 


^ 


£' 


i 


^ 


t-;:; 


oc 


oc 


p 


p 










r) 


r 1 












































































































































U ^' 




, )r. 






^ 






^ 


^ 


^" 


"^ 


^ 






^" 






^" 










LL. Z O 




i « 










































^ -: Z 




or <_ 










































^'ia 




Tt •- 


o- 


c- 


0- 


0- 





a 


o- 








a- 





O' 


o- 


0^ 











p 


p 




OX © ^ 


CT 


g- 


e 


p. 


? 


? 


P 


? 


? 


e 


P 


5: 


p 


p 


5 


^ 


?^ 








^^s 




>- 0, 

III 




i/"") 


u-. 


iin 


CL.' 


^c 




1/, 




ir, 




LTl 




>y'. 


^^ 


-:J- 




iv^, 


l?i 






c 


~ 


— 


_ 






p 


— 


p 


— 


P 


— 


p 


— 




— 


p 


— 


— 


— 


bsb 




sC 


sC 


r^ 


r-^ 


oc 


06 


O"' 















r~i 








rl 


ri 































— 


— 




— 


- 


- 





- 


- 


~ 


z ;^ 2 




« 3 










































a: a. 




- = 














































t 
















































cr 


■3- 


a- 


cr 




■a- 


o- 


o- 


o- 


a 








■0- 


ON 


ON 


a 

















.5- 


a 


p 


p 


cr 


p 


p 


p 


0- 




p 


p 


p 


p 


p 


PN 


p 


P" 


■0 


p 




















































■-r 


r~i 







-f 








vC' 




-f 




^ 




ri 


i/"i 


r""] 











2i= 




ri 








ri 




n 




r 1 




c 




pi 




rj 


p 


ri 


p 


ri 






















































'-f 


-T 


i/^i 




nC 


nC' 


r~ 


r^ 


X 


^ 


O* 


5. 











ri 


ri 






J 





■^ 






c: 


- 
















,— , 


,— , 


~ 




~ 


~ 


~ 






























































































z 














































3 




& 


o^ 


0^ 


:> 


Ov 


ON 


ON 


ON 


0- 


On 


o- 








o- 


ON 


ON 


ON 


On 


o- 


— 


— 


Q 




ff 


g^ 


a 


P" 


p 


p 


p 


p 


p 


p 


0. 


p 


p 


p 


P 




P 


P 


0^ 








■0 










































< 






ii-i 




^ 




■?, 




l?l 


r"! 










C^ 




IT, 




U-, 


^ 









p 




p 



























P 




p 










s 










































a 




-f 


-? 


■r^i 




nC 


NO 


f^ 


(^ 


« 


00 


0^ 















ri 


ri 























































o 




"" 










































£ 


























































































^ 














































b 




3 














































o- 


c 


_ 


r-i 


'n 


t 


„ 


CJ 


rrt 


2 


IT; 


^ 


r~ 


OC 


£ 


* 


_ 


rvj 


1*5 


t 






Si 




rj 


♦M 


i-j 


r^ 


fS 


c; 




© 




C 




£ 






^ 


— 


— 


•^ 


^ 






'^ 


1*5 


1^ 


1^ 


-*) 


1^" 


■T 


-T 


■T^ 


T 


■T* 


-T 


■n 


■^ 


*r 


■T- 


■T^ 


■-r 


-r 


-t" 






£ e 














































_3 




























































































"o 














































> 











































»f^ ;"rrj'~'''''~~' 



60 



O 
u 

O 



01 

■o 

X! 



o 
e 



f- 
•y. 
u 
f- 
u. 
O 

O 



^ 5 T3 

^: « -s 

— ra 3 

OS X> Q. 

■b ^ *~ 
~ « C 

_; ^ « 

a- u Ji 

K ^ ~ 



S 2 



a 



3 £ « 
d: 'is "^ 



< 



a.,o 

1) V. 



o § 






a- c/; 



r- Q> 

>■ e- 

O O 

re , 



S^ 



■■5 X 2 c 



Di — 

c 



C/j ITS 

1) 






«- ^ "^^ 



C O 

x: 



U -C 



1) >~. 



_ c_ x: (/) 



i 5 



o -o 



c/5 


"ij 


CT3 




ZJ 








^_, 


c 


c^ 


3 






o oi 



5J — 



£ cri c/j 



OJ 


o 


>. « 


1/) 


c 


o 


VO 


,«b 


u 






tn 


-t- > 




c^ 


— 


re 


o 5 


Of 




ro 
o 


_aj 


^-g 




= 



o — 

'-> P !5 

re >- re 

— -o — 

-= o 5 

''^ D.— 

>- 2 

Sd re re 

c ^ i! 

< X .S2 

u. O) 



i^ re "O 



2 >= 



'^ 


■^ 


_ij 


S/J 


~ 


3 
;- 


C '~ 


-^ 








t -O 


3 


OJ 


3 ■ — ' 


k_ 




§-■* 


O 


*" 






5 


tj CO 


re 


2 


re O 


u 


j: 


Q. IA-, 


^ 



o 

;— 

-a 
c 



Xl M 

3 C 
D-'C 

L. re 

1) Ji 

•t: -= 

re o 



o -t: m 3 



re 3 ?r 



P J 



o 'S 



o "J 






3 ■<- 



i 2 



p 



3 OJ O 

■- '-5 E 

re S — 

> S aj 



u 



u 



K 



= o = 

re '*- >> 

^ a> re 

c/; X -o 



•y. < 

u: Of 

Z id 



> ^ 



K 1) 



> • 

o 

;- • 

Q. 
Q. 

re 



c C -— 



re 
-a 



o 
U 



o 

re 
-a 






(J 

UJ Of 



2 ~ < _ 

M i_ _ *- 






^ O 

Li: 

J^. re 



3 — ■ 

Oil n 
a> CD 
"" o 

>.:^ 

X) 

E d 



u 

-J 

Q 
u 
X 
U 



< 

< 

-J 

X 



01 



o 
c 



o 



2 ^ 

< 

y 
"3 

CO 

a. 
u 
Z 
H 
tb 

o 
z 

O 



3 

C 2 

n 3 



Zl t- 



= u 
.i © 

1 ^ 

■o ■" 

^o = 

U O 

^^ 

C <S 



z 



y 

B. 

o 
z 

2 






z 



o 
o> 

= ^ 

.2 = 

^ I- 

;= o 

0. — 

J.i 



re 



s - ^ 






5 s 



z 





'.^^ 


o 


V 




O 


_^ 


aj 


'J 




>• 




SJJ 


!U 


ZJ 


-•— ' 


re 


u 




■a 


c 

< 


o 
c 


aj 


c 

re 






"^ 


-d 


OJ 


?L) 




i> 










re 

T3 


~ 


c 


."^ 






3 




O 


c 




x 




o 


Oil 


D- 


O 


c 


^ 


.i^ 


X 


OJ 




u^ 


E 
S 


!= 


_aj 


E 
o 


s 


E 


c= 


o 




■a 


re 


D. 




aj 

en 
O 


-a 


o 


^ii 


Cl 


r-^ 


o 


re 


O 



■? ^ .ii? o 



3 C 

■^ u_ 
^O . 

.^ aj ^ 

s.y ^ 

U ■- X! 

f J o- 

3 ^ re 
^ aj J 

- '-i <^ 
to " =P 

o sf • = 

-^ re oj 

•a tj 
oj o o 

O ^ Cl 
§" tn W) 

£; re 3 

^^ — 'J2 
u re 



« :< 3 

C aj aj 

Li. C 3 



■" O 

5^ O 

7. B ^ 

1^ re *-• 

~ -a ,_^ 

a; t— -a 






!S ^o re 



§1 
■a '-^ 

a> aj 

C/} -^ 

X ~ 
3 SZ 



2jj aj 
aj !_ 



P '^ 



>> aJ aj 

H >k 3 

= o o 

re ^ 

I , o aj 

7 ^^^ 

— ."H 

5 o aj 



"£ re , 






:5 ""^ X — 



aj 



;/^ 



1) 

a: 
o a 

aj re — 
tr L. O 

!^ o re 

t >;.^ 

o re _!- 
^ T3 -5 

12 i o 

^ c^ Z 

oj ^ aj 

7= re -5 ^ 

e^ T3 , re 

— b « -o 



c o 



ii 

ii -d 

— DO 

a: 3 -^ 
w '^ 5 

E .!£ D. 






aj >>,p 



aj ■- 



X •■= 
3 aj 
o. '— 
a. S 

— OJ 



re 
o -a 

Q. O 

1^ x: 



re 


,_o 


n 


,^^ 


13 


-a 


C/"j 


-O 


c 


_re 




3 




C/l 


!/) 


n> 


re 


C/l 


H 


■a 


^ 



_^ o 



3 

a> 

aj -o 

,»- ,- 

'.:: 3 



■^ ■? -3 k 



w ,i= 



— o 

3 "O 

1) , aj 

aj -^ ^ 

,^ re re 



■a 

3 

re 



aj 

■g *;, 

op u 
-o 



^i 



>1 



'^^ ^ 



C/5 



c/1 



■t: O c/D 



3 X 

E 3 ii 

core 
O E y) 



CL ,_ ra 



re 3 rj ^ 



re 



„, ^ '^ 
d m ^ 

— in >: 





aj 


a; 


L. 






I 




X 




,_o 






aj 
aj 






t/3 








o 




"re 


're 
'H 








£ 

Cl 






o 
o 


X 






00 
3 




tn 


•a 








!l2 


< 


'Si) 
a: 


re 


en 


o 
c 
aj 
OX) 


Ir 

o 


re 
E 


u 


re 


S 


o 


re 




;_ 


z 


"5 


re 


"re 
C 


aj 
re 
en 




O 




re 


11 


a 


re 


£ 


c/i 




U 


CJ 


c 




o 


aj 




x: 
C 
o 


'1 


Of) 


o 


3 

aj 


o 

3 




1> 




'w 








2 


.3 


'5 

o 


C3 








u 


X 




^ 





^^ 



o 



■g 3 

> O 

P 'i/l 

re — 



■■c o E 
re 3 D 



< — 

-) IP 



T3 re 
aj "o 
3 3: 

!C X 



o re 



^ 3 



en o 



o 
Cl 



„ aj 
re a: 



"C .2 0-; 

==^ re ^ 
« ^ T 

'■t; C.O 



CL a 



E ^ 

> H 

^ E 

U O 



o -r; 



00 3 ir. 
3 •" _ 

'E ^.0 

'^ o 9, 
5 t/'^ 
u 00,^ 

.£ o 
re ;^ I 



1/". 



-o 



o- ■ • o 
— z: cc 

= o 



re 

ri' 
? _ 



— -" aj i_ V. •— , 



,^^ 



oi) ■?;■>? ■" 
,3 u u _£• 






^ 3 

o 



aj 
3 
aj 

o 



re J2'.SP' 



O .2 - .5 



3 a- 
E t 



aj .1.' 

> u 

•— aj 

3 "a 

a — 

aj re 

X 3 






C/3 




TJ 


:5 


^ 


1> 


c>n 


aj 


c 


C3 


5 


X 


■^ 




' 


'•4— 


<- 





ra 






',5 o h- 

^x ^ 

■- -o ■" 

.= o 

^ -o 



in 



Ii 

o ^ 
^ a. 

:5 O 



aj X 



00 o 
^3 ^ 





en -o 

re i> 

~ -a 

O _3 



■*r 73 en 

aj ■" 
■a "O 



■:; o 3 u 



_ ^ 

O 're I 

oj r C 

^ .° I .-• 

=■ .£ -a S 

■p I/, 3 

o ^ _a, a. 

i/i -£ 3 aj 

.i2 o a: -£ 



o — 



3 2 



4^ ■- >> 
re ^ re 

I/) 3 



>> -a re 

re o ^ 

^ w O 

= OJ 3 

^ Cl 

■a 3 X -o 

■- aj > iz; 

5 > ^ c 



£ re 

r- ^ 

.. aj 

z "£ 



2^0 

.•a -c 

aj D- 



re 
c/5 



aj 



aj re -3: •■= 



x: 3 
f— cl 



-X Q_ ' ' ' ■ I ■ J V ( 



3 

"o 
re 



X re 

Z oo2 
J 3 C/5 



re 



aj .bi 



-a c--a 

5 X -5 c;5 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 148 

GOVERNOR'S COMIVIISSION ON RESPONSIBLE 

FATHERHOOD 

WHEREAS, children need a good early childhood education, 
safe schools, dedicated teachers, and engaged and involved 
parents to succeed in life; and, 

WHEREAS, almost one-third on North Carolina's children 
are growing up in families without fathers; and, 

WHEREAS, children growing up in families without fathers 
are at great risk of failing school, taking drugs and getting in 
trouble with the law; and, 

WHEREAS, many fathers struggle to give their children the 
level of parenting they deserve; and, 

WHEREAS, this Administration has taken important steps in 
promoting responsible fatherhood by boosting child support 
enforcement, promoting programs aimed at fathers through 
Smart Start and by working to raise public awareness of the 
importance of fatherhood; and, 

WHEREAS. North Carolina needs to do more to help fathers 
become and stay involved in the lives of their children; and, 

WHEREAS, North Carolina has tremendous resources to be 
organized and mobilized to encourage and support responsible 
fatherhood. 

NOW, THEREFORE, by the power vested in me as Governor 
by the Constitution and laws of the State of North Carolina, IT 
IS ORDERED: 

Section 1. Govemor's Commission on Responsible 
Fatherhood Established 

The Govemor's Commission on Responsible Fatherhood is 
hereby established. The Commission shall be located in the 
Department of Health and Human Services for organizational, 
budgetary, and administrative purposes. 

The Commission shall consist of 1 5 members and shall reflect 
the geographic and cultural diversity of the state. Members shall 
serve at the pleasure of the Governor. The membership shall 
include: 

a. Three representatives from the faith community; 

b. Three representatives from the business community; 

c. Two representatives from the nonprofit community; 

d. One representative from local government; 

e. One representative from state government; 

f. One representative from the legal community; and. 

g. Four at-large members. 

The Governor may also appoint non-voting ex officio 
members of the Commission as necessary. 

Section 2. Chair. Vice Chair and Honorary Co-Chairs 
The Governor shall appoint a Chair from the membership of 
the Commission. The Commission shall elect from amona its 



members a Vice Chair and other officers as are determined 
necessary. The Governor and the Secretary of the Department 
of Health and Human Services shall serve as honorary co-chairs. 

Section 3. Duties and Responsibilities 

The Commission shall study, analyze and provide information 
to the Governor on programs to help North Carolina fathers and 
makes legislative and administrative recommendation so that 
responsible fatherhood is promoted by: 

a. Developing a strategic plan to promote responsible 
fatherhood in North Carolina; 

b. Developing a recommendation for a workplace policy 
for state government that promotes responsible 
fatherhood; 

c. Overseeing and assisting the development of 
initiatives to help fathers with poor skills and limited 
education to gain the skills they need to support their 
children; 

d. Assuring that North Carolina's welfare reform efforts 
include strategies for moving non-custodial fathers 
into employment; 

e. Assessing state needs and ensuring that necessary 
services, policies and programs are in place; 

f. Researching and developing information on best 
practices in fatherhood programs and promoting their 
adoption statewide; 

g. Promoting public education and awareness; 

h. Providing or coordinating the provision of training, 
materials and assistance to state agencies; and, 

i. Addressing other related issues assigned to it by the 
Governor. 

Section 4. Commission Meetings 

The Commission shall meet at least twice a year. Meetings 
shall be conducted in compliance with North Carolina Open 
Meetings Law. 



Section 5. 



Per Diem, Travel and Subsistence 



Members of the Commission shall serve without 
compensation but, subject to the availability of funds, shall be 
eligible for per diem, travel and subsistence as provided by 
North Carolina law and policy. 

Section 6^ Reporting Requirements 

The Commission shall submit an annual report including 
administrative and legislative recommendations to the Governor. 

The Commission shall submit to the Governor, by October 
3 1 St of this year, its recommendations for a workplace policy for 
state government that promotes responsible fatherhood. 

Section 7. Staff Support 

Staff support shall be provided by the Department of Health 
and Human Services. 



Section 8. 



Effective Date 



This order is effectively immediately and shall remain in effect 
for a period of two years from the date of execution provided 
below. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1812 



EXECUTIVE ORDERS 



Done in the Capital City of Raleigh, North Carolina, this the 
12th day of April 1999. 

EXECUTIVE ORDER NO. 149 
CLEAN NC 2000 BOARD 

WHEREAS. North Carolina's beautiful scenery and clean 
environment are a source of great pride; and, 

WHEREAS, a clean environment impacts economic 
development and travel and tourism; and, 

WHEREAS, there is need to improve the appearance of our 
roadsides by removing litter, collapsing or unsafe structures, and 
other debris that create eyesores and harm the environment; and. 

WHEREAS, citizens need to be educated about the harmful 
effects of litter on the environment; and, 

WHEREAS, as we enter a new millennium there is a need for 
a statewide effort to ensure clean roadsides, rivers, lakes and 
streams; and. 

WHEREAS, as we begin a new millennium, we will 
recommit ourselves to take personal responsibility to help 
eliminate litter stewards now and in generations to follow. 

NOW, THEREFORE, by the authority vested in me as 
Governor bv the Constitution and laws of the State of North 
Carolina, IT IS ORDERED: 



Section 1. 



Establishment 



There is hereby established the Clean NC 2000 Board (the 
"Board"). 

Section 2. Membership 

The Board shall consist of no more than thirt\' members. 
Twenty members shall be appointed by, and shall serve at the 
pleasure of. the Governor These twent\ members shall be 
drawn from all geographic areas of North Carolina's diverse 
population, and shall be representative of government, business 
and industr). community and civic organizations, and education. 
Of these twenty members, one member shall be a citizen under 
the age of twentv-one. 

In addition to the twenty appointed members noted above, the 
following ten individuals, or their respective designees, shall 
serve as ex-officio members: 

a. Secretary of the North Carolina Department of 
Administration; 

b. Secretary of the North Carolina Department of 
Correction; 

c. Secretary of the North Carolina Department of Crime 
Control and Public Safety; 

d. Secretary of the North Carolina Department of 
Environment and Natural Resources; 

e. Secretary of the North Carolina Department of 
Cultural Resources; 

f. Secretary of the North Carolina Department of 



Commerce; 
g. Commissioner of the North Carolina Department of 

Agriculture and Consumer Services; 
h. Superintendent of the North Carolina Department of 

Public Instruction; 
i. President of the North Carolina League of 

Municipalities; and, 
j. President of the North Carolina County 

Commissioners Association. 



Section 3. 



Chair 



The Governor shall serve as Honorary Chair of the Board. 
The co-chairs shall be appointed by the Governor. 



Section 4. 



Duties 



The Board shall have the following duties: 

a. Advise the Governor of the programs and resources 
needed to improve waste management in North 
Carolina. 

b. Promote voluntary stewardship of environmental 
resources by sparking grassroot support in every 
community to clean up North Carolina's rivers, lakes, 
streams and roadsides. 

c. Provide a forum for the discussion of issues 
concerning waste management. 

d. Provide a network to gather and share educational 
information on solid waste management. 

e. Develop and initiate activities within the State 
pertaining to solid waste management. 

f. Develop a Clean NC 2000 program by establishing a 
program representative in each county that will work 
with organizations such as Keep America Beautiful 
and others with a similar purpose. 

Section 5. Clean NC 2000 Coordinator 

There shall be a Clean NC 2000 Coordinator who shall work 
to carry out the purposes of this Executive Order, including the 
implementation of Board recommendations. 

Section 6^ Board Report 

The Board shall present a tlnal report to the Governor by 
November 30, 2000. This Executive Order shall terminate and 
the Board shall be dissolved when this final report is presented. 

This Order is effective immediately. 

Done in the Capital City of Raleigh, North Carolina, this the 
19th day of April, 1999. 



1813 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



IN ADDITION 



This Section contains public notices that are required to he published in the Register or have been approved by the Codifier 
of Rules for publication. 



STATE OF NORTH CAROLINA 

ENVIRONMENTAL MANAGEMENT COMMISSION 

POST OFFICE BOX 29535 

RALEIGH, NORTH CAROLINA 27626-0535 

PUBLIC NOTICE OF INTENT TO ISSUE STATE GENERAL 
NPDES PERMITS 

Public notice of intent to issue or reissue expiring State National Pollutant Discharge Elimination System (NPDES) General Permits 
for Point Source Discharges of Stormwater associated with the following activities: 

1. NPDES General Permit No. NCG140000 for stormwater and rinse water point source discharges associated with activities 
classified as establishments primarily engaged in the production of Ready Mixed Concrete. Standard Industrial Classification (SIC) 

3273. 

2. NPDES General Permit No. NCG 160000 for stormwater point source discharges associated with activities classified as 
establishments primarily engaged in Asphalt Paving Mixtures and Blocks. SIC 295 1 . 

3. NPDES General Permit No. NCG 170000 for stormwater point source discharges associated with activities classified as 
establishments primarily engaged in Textile Mill Products . SIC Group 22, 

On the basis of preliminary staff review and application of Article 2 1 of Chapter 143 of the General Statutes of North Carolina. Public 
Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to 
reissue State NPDES General Permits for the discharges as described above. 

INFORMATION: Copies of the draft NPDES General Permits and Fact Sheets concerning the draft Pennits are available by writing 
or calling: 

Vanessa Wiggins 

Water Quality Section 

N.C. Division of Water Quality 

PO. Box 29535 

Raleigh, North Carolina 27626-0535 

Telephone (919) 733-5083 ext. 520 

Persons wishing to comment upon or object to the proposed determinations are invited to submit their comments in writing to the 
above address no later than June 14. 1999. All comments received prior to that date will be considered in the final determination 
regarding permit issuance. A public meeting may be held where the Director of the Division of Water Quality finds a significant 
degree of public interest in any proposed pennit issuance. 

The draft Pennits. Fact Sheets and other infomiation are on file at the Division of Water Quality. 512 N. Salisbury Street. Room 925, 
Archdale Building. Raleigh. North Carolina. They ma\ be inspected during normal office hours. Copies of the infomiation of file 
are available upon request and payment of the costs of reproduction. All such comments and requests regarding these matters should 
make reference to the draft Permit Numbers. NCG 1 40000. NCG 1 60000. or NCG 1 70000. 



Date: 4/23/99 



/s/ Bradley Bennett, for 

Kerr T. Stevens. Director 
Division of Water Quality 



13:22 



NORTH CAROLINA REGISTER 
ma 



Mciv 14, 1999 



1814 



sa^BB 



a aB M a a 



IN ADDITION 



TITLE 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES 

CHAPTER 26 - MEDICAL ASSISTANCE 

The following list was submitted by DHHS/Division of Medical Assistance. OBRA '87 requires the state to publish the name of each 
hospital qualifying for a disproportionate share payment adjustment and the amount of the payment for each hospital. 

DISPROPORTIONATE SHARE PAYMENTS FOR THE STATE FISCAL YEAR 
JULY 1, 1997 -JUNE 30, 1998 



PROVIDER NAME 


NUMBER 


TOTAL 


Northeast Medical Center 


3400001 


3.961.474.00 


Memorial Mission Hospital 


3400002 


1.388.166.73 


Northern Hospital of Surry County 


3400003 


2,602.358.28 


Annie Penn Memorial Hospital 


3400007 


21,433.73 


Scotland Memorial Hospital 


3400008 


84.991.18 


Wayne Memorial Hospital 


3400010 


104.899.28 


Forsyth Memorial Hospital 


3400014 


939.263.99 


Rowan Memorial Hospital 


3400015 


60,121.73 


C J Harris Community Hospital 


3400016 


33,529.26 


Margaret R Pardee Memorial Hospital 


3400017 


592,640.00 


Stokes Reynolds Hospital 


3400019 


167.30 


Cleveland Memorial Hospital 


3400021 


2.374.733.00 


Bladen County Hospital 


3400022 


1.366.098.50 


Park Ridge Hospital 


3400023 


29.526.87 


Sampson County Memorial Hospital 


3400024 


1.429.467.48 


Haywood Count\ Memorial Hospital 


3400025 


679.664.00 


Lenoir Memorial Hospital 


3400027 


3.236.945.76 


Cape Fear Valley Hospital 


3400028 


14.209.435.01 


Duke University Medical Center 


3400030 


6,346,028.63 


Gaston Memorial Hospital 


3400032 


6.658.443.38 


Richmond Memorial Hospital 


3400035 


46.102.22 


Beaufort County Hospital 


3400038 


852.448.00 


Pitt County Memorial Hospital 


3400040 


11,833,936.58 


Caldwell Memorial Hospital 


3400041 


28,450.75 


Onslow Memorial Hospital 


3400042 


4.744.996.3 1 


Alleghan) County Memorial Hospital 


3400044 


29.00 


N.C. Baptist Hospital 


3400047 


3.833,846.15 


Watauga Memorial Hospital 


3400051 


1,294,407.53 


Valdese General Hospital 


3400055 


763.052.87 


Morehead Memorial Hospital 


3400060 


4.617.54 


UNC Hospitals 


3400061 


8.795.054.45 


Wilkes Regional 


3400064 


886.263.57 


Chowan Hospital 


3400065 


1.056.968.52 


Columbus County Hospital 


3400068 


1.260.599.15 


Wake Medical S\stem 


3400069 


4,907.176.84 


Alamance Regional Hospital 


3400070 


663.00 


Betsy Johnson Memorial 


3400071 


36.464.71 


Grace Hospital 


3400075 


38.487.00 


Anson County Hospital 


3400084 


471.574.07 


Community General 


3400085 


27,233.45 


McDowell Hospital 


3400087 


20,538.91 


Transxlvania Hospital 


3400088 


72,738.62 


Pungo District Hospital 


3400089 


11.029.42 


Johnston Memorial Hospital 


3400090 


1.962.106.71 


Moses Cone Memorial Hospital 


3400091 


1.897.247.03 


1H15 NORTH CAROLINA REGISTER 


May 14, 1999 



13:22 



IN ADDITION 



Pender Memorial Hospital 3400093 

Mercy Hospital Incorporated 3400098 

Roanoke Chowan Hospital 3400099 

Bertie Memorial Hospital 3400 1 1 

Heritage Hospital 3400107 

Albemarle Hospital 3400 1 09 

Carolinas Medical Center 3400 1 1 3 

Firsthealth Moore Regional 3400115 

Duplin General Hospital 3400 1 20 

Dosher Memorial Hospital 3400121 

Good Hope Hospital 3400 1 24 

Wilson Memorial Hospital 3400126 

Granville Medical Center 3400127 

Union Memorial 3400130 

Craven Regional 3400131 

Maria Parham Hospital 3400132 

Martin General Hospital 3400 1 33 

Broughton Hospital 3400 1 3 7 

Dorothea Dix 3400138 

New Hanover Memorial Hospital 3400 1 4 1 

Carteret General 3400142 

Catawba Memorial Hospital 3400 1 43 

Lincoln County 3400145 

Nash General Hospital 3400147 

Halifax Memorial Hospital 3400151 

Durham County General 3400 1 55 

Brunswick County Hospital 3400 1 58 

Murphy Medical Center 3400160 

University Memorial Hospital 3400166 

Amos Cottage Rehabilitation Hospital 3400170 

Youth Care Psychiatric 340050 1 

Charlotte Rehabilitation 3402003 

Thorns Rehabilitation 3403025 

Thorns Rehabilitation 3403026 

Dorothea Dix 3404001 

Broughton 3404002 

Cherry 3404003 

John Umstead 3404004 

Charter Hospital/Winston Salem 3404006 

Cumberland 3404010 

Forsyth Stokes 3404013 

Charter Hospital of Greensboro 34040 1 5 

HSABrynnMarr 3404016 

Presbylerian University 3900164 

St Eugene Medical Center 4200005 

Richland Memorial Hospital 42000 1 8 

Elliott White Spring 4200036 

Marion County 4200055 

Loris Community 4200064 

University of Tennessee Memorial Hospital 4400015 

J.C.M.C.H. Johnson City Medical Center 4400063 

East Tennessee Children's Hospital 4400 1 88 

Sentara Norfolk General Hospital 4900007 

Depaul Medical Center 49000 1 1 

Halifax Regional Hospital 49000 1 3 

Mary view Hospital 49000 1 7 

Louis Obici 4900044 

Sentara Norfolk General Hospital 4900046 



1,304,844.00 

2,245,734.00 

1,232.834.85 

20,678.00 

8,384.38 

3,204,285.00 

37.183,967.66 

335.80 

2.201.340.06 

684.899.00 

4,883.18 

118.925.72 

508,174.03 

1,306,825.87 

5,058.354.04 

61,382.12 

681,053.78 

2.915.92 

5,355.00 

11,253,269.62 

1.150.800.00 

6.966.812.00 

2,485.384.95 

134,400.27 

90.250.11 

10,552,523.00 

25.268.24 

16.829.29 

2.466.793.00 

493.680.44 

14,280.82 

436.883.16 

23,867.89 

45.420.13 

37,328,438.91 

29,154,752.92 

33,328,155.13 

40,267,708.35 

16,437.06 

11.264.07 

6.620.06 

33,698.44 

23,846.71 

662.30 

6.916.61 

8.508.80 

36.086.19 

14.383.00 

17.499.72 

1.709.54 

9,166.72 

259.90 

14,131.51 

199.40 

80.00 

5,291.58 

6,140.80 

1,953.91 



13:22 



NORTH CAROLINA REGISTER 

SBBBBa 



Mav 14, 1999 



1816 



IIWADDITIOV 



Sentara Hampton Hospital 4900093 4.108.47 

Children's Hospital of the Kings Daughters 4900096 36.004.33 

Community Memorial Hospital 4900098 407.10 

Sentara Bayside 4900119 611.10 

Cumberland, A Hospital for 4903300 35.913.77 

DHR Division of Vocational Rehabilitation 7700273 5.403.377.84 
Grand Total $338,911,391.04 



i 



1817 NORTH CAROLINA REGISTER May 14, 1999 13:22 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 dens prior to publishing the proposed text of a rule. 
Publication of a temporaiy rule serves as a Notice of Ride-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. .4 Rule-making .Agenda published by an agency serves as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making .Agendas. Statutoiy reference: G S 15QB-21 .2. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

A Totice of Rule-making Proceedings is hereby given by the 
J. V North Carolina Coastal Resources Commission in 
accordance with G.S. I50B-21.2. The agency shall subsequently 
publish in the Register the text of the rules it proposes to adopt 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15.4 NC.4C "H .0200. Other rules may be proposed in the 
course of the rule-making process. 



TV Totice of Rule-making Proceedings is hereby given by the 
J. V North Carolina Coastal Resources Commission in 
accordance with G.S. I50B-21.2. The agency shall subsequently 
publish in the Register the text of the rule it proposes to adopt as 
a resuh of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15.4 NCAC 7M .030^. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 113.4-134.1 et. seq. 

Statement of the Subject Matter: The CRC will develop 
amendments to the Public Beach and Coastal Waterfront Access 
Program's funding eligibility criteria to address awarding of 
funds for the replacement of aging facilities at previously funded 
shorefront access sites. 



Authority for the rule-making: G.S. 113.4-100 

Statement of the Subject Matter: fn I99S. the NC General 
.4ssemhly adopted HB 1059. establishing a permit process for 
development along urban waterfronts within the estuarine 
shoreline area of environmental concern. This legislation will 
expire in July 2000. The Coastal Resources Commission would 
like to adopt rules with specific development standards for 
cultural and historic urban waterfront areas. The rules would 
not become effective until the expiration of G.S. II 3.4-120.2. 

Reason for Proposed Action: In July 1997. the Coastal 
Resources Commission adopted a temporaiy rule to establish 
guidelines for development along urban waterfronts. The 
General Assembly adopted HB 1059. which nullified the CRC's 
actions. Since HB 1059 (G.S 113A- 120.2) is set to expire in 
July 2000. the CRC would like to adopt rules for development 
along cultural and historic urban wateijronts. 

Comment Procedures: .4ny comments should be forwarded to 
Mike Lopazanski. Division of Coastal Management. PO Box 
27687, Raleigh. NC 27611-7687. 



Reason for Proposed Action: There have been concerns 
raised by local governments regarding the ability to apply for 
grant funds to repair or replace aging access facilities. The 
rules currently provide no guidance or criteria regarding the 
replacement of aging, previously funded facilities. 

Comment Procedures: .4ny comments should be fonvarded to 
Mike Lopazanski. Division of Coastal Management. PO Box 
27687. Raleigh. NC 2~611-'-687. 



K K X W W W 



•k'k-k'itit'k-k'k-k'k'k-k'k 



CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

^Totice of Rule-making Proceedings is hereby given by the 
J. V Commission for Health Services in accordance with G.S. 
I50B-21.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NC.4C 19A .0401. .0404. .0406. .0502. Other rules may be 
proposed in the course of the rule-making process. 



CHAPTER 7 - COASTAL MANAGEMENT 



Authority for the rule-making: G.S. 1 30.4-152: 130A-1 53 



SUBCHAPTER 7M - GENERAL POLICY 

GUIDELINES 

FOR THE COASTAL AREA 



Statement of the Subject Matter: Reorganize and simplif- 
the rules concerning vaccines and diseases: refer to the 
.4CIPMMR as the source document for contraindications to 
immunizations: change references from day to child care: 
strengthen references to the private provider 



13:22 



NORTH CAROLINA REGISTER 



May 14, J 999 



18J8 



w^Bsa 



■'°''°'™—°°^*'' 



BBai 



RULE-MAKING PROCEEDINGS 



contract/agreement. 

Reason for Proposed Action: 

ISA NCAC 194 .0401 - This Rule will be filed as a temporaiy 

rule with an effective date of May 2. 1999. The Commission for 

Health Sen-ices will adopt this rule at their May 19. 1999 

meeting. 

Paragraphs were moved for the purposes of organization and 

simplification, include all rules concerning each vaccine in the 

same section, and locate all information about a vaccine 

requirement together 

For polio vaccine, the strikeouts represent the inclusion of both 

oral (OPl'l and injectable (IPi) polio to comply with medical 

literature recently reviewed by agency staff. The Centers for 

Disease Control and Prevention (CDC) state that each year 

approximately 8 cases of vaccine associated paralytic polio 

(VAPP) are due to administration of oral polio vaccine. The 

sequential schedule of two IP \ 'followed by Pn'o OP I ' will reduce 

the threat of ( '.APP to North Carolina 's citizens. 

Changed "by " to "before " to be consisterit in several places. 

The Advisoiy committee on Immimization Practices (AC IP) is 

referenced in this rule so that North Carolina recommendations 

can clearly reflect changes in the recommended schedule 

without being in violation of North Carolina .Administrative 

Code. 

ISA NCAC 19A .0404 - The ACIP medical exemption 

recommendations language changes periodically as research 

indicates. Referring physicians to the most current .ACIP is the 

most accurate and helpful method known in determining a true 

contraindication. Text outlining all contraindications was 

removed and references to .ACIP were added. 

ISA NC.4C 19.4 .0406 - In (a)(2). "daycare" was changed to 

"childcare" to he consistent with proper terminology associated 

with the centers that provide care for children and with G.S. 

I30-.A-155. In (h)(6) "number" was added to clarifi- the intent 

that dose number may be released due to its importance in 

determining a child's immunization status and in ('"). "local" 

was added to clarify that this reference is for the local health 

department. 

ISA NCAC 19.4 .0S02 - .As the vaccine program changes, the 

providers ' agreement may need to change. The ten items listed 

in .0502 (c) of this section should remain constant, however 

other requirements may change. ".At a minimum " was added to 

release the program from making a rule change eveiy time an 

eligihilit}' requirement is added to the provider 's agreement. 

Comment Procedures: Comments, statements, data and other 
information may be submitted in writing within 60 days after the 
date of publication of this issue in the North Carolina Register 
Copies of the proposed rules and information packages may be 
obtained by contacting the Immunization Program at (919) 715- 
6 764. Written comments may be submitted to Barbara Laymon. 
Immunization Program. Women's and Children's Health. PO 
Box 1959". Raleigh. NC 



X W W 7f TT 7T 



•k-k-K-k-k-k-k-k-k-k 



MEDICOLEGAL EXAMINATION 

SECTION .0200 -FEES 

A Jotice of Rule-making Proceedings is hereby given by the 
1 V Commission for Health Services in accordance with G.S. 
150B-2I.2. The agency shall subsequently publish in the 
Register the text of the rules it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A \CAC 23 .0201 - .0202. .0204. Other rules may be 
proposed in the course of the rule-making process. 

Authority for the rule-making: 0.5. 130.A-38I: I30A-389 

Statement of the Subject Matter: Medical Examiner Fee 
increases from S50.00 to S~5.00. Pathology Fee iticreases from 
$400.00 to $1,000.00 (due to recent legislative change), relaxes 
penalr\- for late fee, and adds "or fatal injury" as a criteria for 
payment responsibility. Hospital Fee increase from $20.00 to 
$40.00. 

Reason for Proposed Action: 

15.4 NCAC 23 .0201 - The purpose for this proposed action is 
to conform to G.S. 130A-38'', which establishes the fee amount 
Jbr a medical examiner investigation. This action references 
G.S. 130A-387 in lieu of stating the exact amount of the fee. In 
addition, the rule is amended to insert the phrase "or fatal 
injuiy. This change makes the rule consistent with the 1991 
statutory language that states that the State shall pay the fee 
unless the deceased is a resident of the county in which the death 
or fatal injury occurred, in which case that county shall pay the 
fee. 

ISA NCAC 23 .0202 - The purpose for this proposed action is 
to amend rule 15A NCAC 23 .0202 to cite G.S 130.A-389, which 
establishes the fee amount for a medical examiner ordered 
autopsy, in lieu of stating the exact amount of the fee. Also, at 
the same time the fee was increased (199^-98 Legislative 
Session), revision of the fee reduction schedule for late autopsy 
reports was taken into consideration. This rule amendment 
changes the time period for a fee reduction for late autopsy 
reports from 60,120 days to 180 days "after the date of the 
cmtopsy. " The change to the fee reduction schedule allows a less 
burdensome time and monetaiy constraint for pathologists to 
submit reports. Finally, the rule is amended to insert the 
phrase "or fatal injuiy" to make the rule consistent with the 
1991 statiitoiy language. The statute states that the State shall 
pay the autopsy fee unless the deceased is a resident of the 
county in which the death or fatal injuiy occurred, in which case 
the count}' shall pay the fee. 

1S.4 NCAC 23 .0204 - The purpose for this proposed action is 
to amend ride 15.A NCAC 23 .0204 to change the fee the state 
pays to hospitals for body storage in a medical examiner case 
from $20 to $40 dollars to make the rule consistent with internal 
practice since 1991. 



CHAPTER 23 - DIVISION OF POSTMORTEM 



1819 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



RULE-MAKING PROCEEDINGS 



Comment Procedures: Comments, statements, data and other 
information may be submitted in writing within 60 days after the 
date of publication of this issue in the North Carolina Register. 
Copies of the proposed rules and information packages may be 
obtained by contacting the Office of the Chief Medical Examiner 
(OCME) at (919) 966-2253. Written comments may be 
submitted to John D. Butts. OCME. Campus Box 7580. Chapel 
Hill NC 27599-7580. 



•k it -k -k -k 



•kk'kk-kit-kkk-k-k'k-k 



CHAPTER 23 - DIVISION OF POSTMORTEM 
MEDICOLEGAL EXAMINATION 

SECTION .0500 - MEDICAL EXAMINER'S 
INVESTIGATION 

A Jotice of Rule-making Proceedings is hereby given by the 

1 V Department of Health and Human Services in accordance 
with G.S. I50B-21.2. The agency shall subsequently publish in 
the Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 23 .0501. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 130.4-388: 130.4-393 

Statement of the Subject Matter: Fee for Medical Examiner 
certification before cremation or burial at sea increases from 
S35.00 to S50.00. 

Reason for Proposed Action: Persons requesting certification 
from a medical examiner prior to cremation or burial at sea 
must pay the medical examiner a fee for the required 
investigation. The fee has increased by agency policy from 
S3 5.00 to S50.00 (for adequate reimbursement of medical 
examiner expenses). 

Comment Procedures: Comments, statements, data and other 
information may be submitted in writing within 60 day's after the 
date of publication of this issue in the North Carolina Register 
Copies of the proposed rules and information packages may be 
obtained by contacting the Office of the Chief Medical Examiner 
(OCME) at (919) 966-2253. Written comments may be 
submitted to John D. Butts. MD, OCME, Campus Box 7580. 
Chapel Hill. NC 27 599-' 580. 



w «■ w « 



k k k k k "k k 



k k k k k k k 



CHAPTER 26 - INFORMATION SERVICES 

~K Jotice of Rule-making Proceedings is hereby given by the 

1 V Commission for Health Services in accordance with G.S. 
I50B-21.2. The agency shall subsequently publish in the 



Resister the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15.4 NCAC 26C. Other rules may be proposed in the course of 
the rule-making process. 

Authority for the rule-making: G.S. 130A-131 

Statement of the Subject Matter: This new chapter 
establishes the Birth Defects Monitoring Program within the 
State Center for Health Statistics, and directs the Commission 
for Health Services to adopt rules pertaining to the release of 
confidential information from the monitoring program for 
scientific research. This chapter covers the major components 
of the design and operation of the Birth Defects Monitoring 
Program. 

Reason for Proposed Action: The purpose of this rulemaking 
is to establish the Birth Defects Monitoring Program within the 
State Center for Health Statistics (SCHS). SCHS will oversee, 
compile, tabulate, and publish information related to the 
incidence and prevention of birth defects. The Progi-am involves 
confidential information insofar as the identity of the individual 
patient is concerned. This information will not be considered 
public record open to inspection. Access to the information Mill 
be limited to Program staff authorized by the SCHS Director 

Comment Procedures: Comments, statements, data, and other 
information may be submitted in writing within 60 days after the 
date of publication of this issue of the North Carolina Register 
Copies of the proposed rules and information package men- be 
obtained by contacting the Technical Assistance and 
Certification Group at (919) 733-0026. Written comments may 
be submitted to Dr Robert Meyer State Center for Health 
Statistics. Division of Public Health. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER I - NORTH CAROLINA ACUPUNCTURE 
LICENSING BOARD 

A Jotice of Rule-making Proceedings is hereby given by the 

1 V Noi-th Carolina Acupuncture Licensing Board in 
accordance with G.S. 150B-21 .2. The agency shall subsequently 
publish in the Register the text of the rule it proposes to adopt as 
a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

- / NCAC 1 . 0101. Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 90-454 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1820 



^u.v.,....,.,...._r-:,am^«^»- 



RULE-MAKING PROCEEDINGS 



Statement of the Subject Matter: This Rule will contain 
additional procedures allowing for licensure for those who do 
not meet the current qualifications. 



Reason for Proposed Action: 

qualifications for licensure. 



To present additional 



Comment Procedures: .411 written comments must be 
submitted to Diana Mills. North Carolina .Acupuncture 
Licensing Board. 893 U.S. Highway 70 West, Garner NC 
27629-2597. 



v: "K -K f: 



CHAPTER 12 



LICENSING BOARD FOR GENERAL 
CONTRACTORS 



limited license. 

Comment Procedures: Written comments may he submitted 
to Mark D. Selph, N.C. Licensing Board for General 
Contractors. P O Box 17187. Raleigh. NC 27619. 



CHAPTER 36 - BOARD OF NURSING 

^KTotke of Rule-making Proceedings is hereby given by the 

1 V North Carolina Board of Nursing in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 



A Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Licensing Board for General Contractors 
in accordance with G.S. 150B-21.2. The agency shall 
subsequently publish in the Register the text of the rulefs) it 
proposes to adopt as a result of this notice of ride-making 
proceedings and any comments received on this notice. 



Citation to Existing Rules Affected by this Rule-Making: 

21 NCAC 36 .0213. Other rules may be proposed in the course 
of the rule-making process. 

Authority for the rule-making: G.S. 90-1 71.31: 90-1 '1.33: 
90-171.38 



Citation to Existing Rules Affected by this Rule-Making: 

21 NC4C 12 .0202. .0204-.0205. .030'. .0402. .0405. .0410. 
.0901. .0907. Other rules may be proposed in the course of the 
rule-making process. 

Authority for the rule-making: G.S. 87-1: 87-10: 87-15.5: 
87-15.6: 87-15.': 8--15.8 

Statement of the Subject Matter: Notice is hereby given in 
accordance with G.S. 1 50 B- 2 1.2 that the North Carolina 
Licensing Board for General Contractors i Board) will consider 
adopting rules, repealing rules, or amending rules addressing 
licensure classification, qualifying individuals, application for 
licensure, notice of approval of application, content of the 
examination, examination schedules, reexamination after failing 
an examination. Homeowners Recovery Fund definitions. 
Homeowners Recoveiy Fund Hearings, and licensure eligibility. 

Reason for Proposed Action: To amend the S (.Metal 
Erection) classification: to clarify requirements when the 
qualif-ing party ceases to be connected to the licensee: to 
require applications to be accompanied by a certificate of 
assumed name, when appropriate: to repeal rules requiring 
Board to notif- applicant of the approval of his application 
within Aro weeks of the examination: to amend the rule 
regarding the subject matter of examination: to amend the rule 
regarding examination schedules: to amend the rule regarding 
when a person who has failed an examination may be 
reexamined: to amend the definition of "owner or former owner" 
under the Homeowners Recoveiy Fund: to amend the service 
lequirements for a notice of Homeowners Recovery Fund 
hearing: to amend the licensure rule to allow applicants to show 
financial responsibility by working capital or by obtaining a 
blind: and to increase the working capital requirements for a 



Statement of the Subject Matter: Describes how an 
applicant mIio fails an examination may establish eligibility to 
retake a subsequent examination. 

Reason for Proposed Action: The National Council of State 
Boards of Nursing have changed their policy on thefi-equency 
of offering applicants the opportunity to re-take the examination 
which leads to licensure as a registered nurse or licensed 
practical nurse. 

Comment Procedures: Comments regarding this action 
should be directed to Jean H. Stanley. .4RA Coordinator North 
Carolina Board of Nursing PO Box 2129. Raleigh NC 27602- 
2129. 



CHAPTER 46 - BOARD OF PHARMACY 

A Totice of Rule-making Proceedings is hereby given by the 
1 V North Carolina Board of Pharmacy in accordance with 
G.S. 150B-2I.2. The agency shall subsequently publish in the 
Register the text of the rulels) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 



Citation to Existing Rules Affected by this Rule-Making: 

21 NC.4C 46 .131'. .1413-1414. .1601. .1810. .I8I3-.1814. 
Other rules may be proposed in the course of the rule-making 
process. 

Authority for the rule-making: G.S. 90-85.3: 90-85.6: 90- 
85.8: 90-85.13: 90-85.14: 90-85.15: 90-85.21: 90-85.24: 90- 
85.32: 90-85.33: 90-85.34: 90-85.38: 90-85.40 



I82I 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



RULE-MAKING PROCEEDINGS 



Statement of the Subject Matter: Notice is hereby given in 
accordance with G.S. 150B-2I.2 that the North Carolina Board 
of Pharmacy (Board) will consider adopting rules, repealing 
rules, or amending rules addressing compounding, drug 
distribution and control in a health care facility phartnacy and 
wlien the pharmacist is absent, certification for disease state 
management, assistant pharmacists, collaborative practice, 
maximum ratio of technicians to pharmacists in a pharmacy, 
offsite filling of prescription orders, automated dispensing or 
drug supply devices, and electronic transmission of prescription 
orders. 

Reason for Proposed Action: 

/. To delete requirements for compounding. 

2. To revise requirements for automated dispensing or drug 
supply devices in a health care facility pharmacy and 
other permitted pharmacy. 

3. To review requirements for drug distribution and control 
in a health care facility pharmacy when the pharmacist is 
absent. 

4. To set out prerequisites for examination for certification 
for disease state management. 

5. To set out requirements for licensure as an assistant 
pharmacist. 

6. To set out guidelines for pharmacists for collaboration 
practice. 

7. To change the maximum ratio of technicians to 
pharmacists in a pharmacy 

8. To set out procedures for offsite filling of prescription 
orders. 

9. To revise requirements for electronic transmission of 
prescription orders. 

Comment Procedures: Written comments may he submitted 
on the subjecl matter of the proposed rule-making to David R. 



Work. Executive Director North Carolina Board of Pharmacy. 
PC) Box 459. Carrboro. NC 2 '7510-04 59. 



TITLE 24 - INDEPENDENT AGENCIES 

CHAPTER 1 - N.C. HOUSING FINANCE AGENCY 

A Totice of Rule-ni(ikin}> Proceedings is hereby given by the 
J. V .\orth Carolina Housing Finance .Agency in accordance 
with G.S. 1 50B-21.2. The agency shall subsequently publish in 
the Register the text of the ritle(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

24 NC.4C I H .0103. Other rules men- he proposed in tlie course 
of the rule-making process. 

Authority for the rule-making: G.S. 122.4-5: 122.4-5.1 

Statement of the Subject Matter: Calculation methods for 
determining income eligibility to receive assistance for the 
Multifamily Subsidized Rental Program. 

Reason for Proposed Action: Update section to reflect the 
normal changes in tlie housing market and to aid in the ease of 
understanding the methodology used in determinations of 
eligibility. 

Comment Procedures: Comments should be sent to Steve 
Culnon. North Carolina Housing Finance .4gency. PO Box 
28066. Raleigh. NC 2^611-8066. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1822 



JJWlW.I«lUlJJIMU»llU'.JUIlUltl«JM^;.l^M-tH^J«.««,..^.V.;.il»Ur.iM» ,WU««-..»^ 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency nntst accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5, 000. 000). Statutory 
reference: G.S. 1508-21.2. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Department of Health and Human Services 
intends to amend the rules cited as 10 NC.4C IB . 041 8-. 0420. 
Notice of Rule-making Proceedings was published in the 
Register on March 15. 1999. 

Proposed Effective Date: August 1. 2000 

A Public Hearing will be cortducted from 2:00 p.m. to 4:00 
p.m. on June 2. 1999 at 616 Oberlin Road Raleigh. NC 27605. 

Reason for Proposed Action: Revisions are necessaiy due to 
recent changes to G.S. 143-6.1, Office of the State .Auditor's 
Audit Advisory #2. and OMB Circular A-133. 

Comment Procedures: Comments may be presented anytime 
before or at the public hearing or orally at the hearing. Time 
limits for oral remarks may be imposed by the chairman of the 
hearing committee. .Any person may request copies of these 
Rules by calling or writing to Gary Fuquay. DHHS Controller's 
Office. 616 Oberlin Road. Raleigh. NC 27605, phone 919/733- 
0169. Comments must be submitted before June 15. 1999. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 1 2-month period. 

SUBCHAPTER IB - PROCEDURE 

SECTION .0400 - AUDITING PROCEDURES 

.0418 SINGLE AUDITS OF LOCAL GOVERNMENTS 
AND PUBLIC AUTHORITIES 

(a) Independent auditors retained to conduct single audits for 
local governments or public authorities may be notified by the 
Department of Health and Human Services (hereinafter "the 
Department") Human R e sourc e s (D e partm e nt) or the Local 
Government Commission of problem areas that the audit should 
address. 

(b) The Local Government Commission has the responsibility 
of reviewing single audits for compliance with OMB Circular A- 
133 A 128 and accepting those single audits for the State state 
that have been detemiined to compK with Federa l f e d e ral and 
State state requirements. Whenever a single audit is performed 
on a local government or public authority that received funds 
from the Department during the fiscal vear audited, the Local 
Government Commission shall provide the Department with a 



copy of the audit report(s). 

fe^ Upon r e c e ipt of th e audit r e port from th e Local 
Gov e rnm e nt Commi s sion, th e D e partm e nt shal l se nd a l e tt e r to 
th e local gov e rnm e nt or pub l ic authority r e qu e sting th e 
submission of a corr e ctiv e action plan which addr e ss e s e ach 
finding and r e comm e ndation contain e d in th e auditor's r e port on 
complianc e and int e rnal control and sch e dul e of qu e stion e d co s t. 
The — correctiv e — action — pten — shaW — includ e th e — following 
information: 

(+) Sp e cific concurr e nc e or non concurrence with each 

finding, r e comm e ndation or question e d cost: 
f2) If th e local gov e rnm e nt or public authority agr ee s with 
a finding, recomm e ndation or qu e stion e d cost, a 
d es cription of th e s p e cific corr e ctiv e actions taken or 
plann e d, including tim e s ch e dul e s, to s e ttl e the finding 
or impl e m e nt th e r e comm e ndation: and 
(^ If th e local gov e rnm e nt or public authority di s agr ee s 
with a finding, r e comm e ndation or qu es tion e d cost, 
th e sp e cific r e a s on and l e gal or r e gulatory basis for 
th e disagr e em e nt. 
Th e local gov e rnm e nt or public authority s hall submit th e 
corr e ctiv e action plan to th e Controll e r of th e D e partm e nt within 
30 days aft e r r e c e ipt of th e r e qu es t. 

{c){4) Following receipt of the audit report corr e ctiv e action 
pfatt by the Controller of the Department, relevant portions of 
the report audit r e port and corr e ctiv e action plan shall be sent to 
the Controller's Office emplovee chi e f fi s cal officer of e ach 
divi s ion who js assigned division responsibility r es ponsibl e to 
the for administration of th e programs aff e ct e d for coordination 
of a departmental division position on the corrective actions 
planned or taken. 

(d)fe-) The Department or any affected division of the 
Department may request any additional information deemed 
necessary for clarification of an audit finding, recommendation, 
questioned cost or the corrective action plan. The local 
govemment or public authority shall provide the information to 
the requesting official within 30 days after the receipt of the 
request. If additional infomiation or clarification from the 
independent auditor is requested, the local govemment or public 
authority shall direct its auditor to provide the information 
requested to the requesting official within the 30 day response 
time. 

{ej(-t-) If the Department chi e f fi s cal offic e r of an aff e ct e d 
d i vision has reason to believe that due professional care was not 
used in conducting a single audit or if a local government or 
public authority or their independent auditor is unwilling or 
unable to provide claritlcation or additional infonnation 
requested b\ an official of the Department, a written request for 
review of the auditor's work papers may be filed with the Office 
of the State Auditor by the Controller Controll e r of th e 
D e partm e nt . The Controller shall make or arrange for an\ 



1823 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



review of the auditor's work papers deemed necessarv for timely 
resolution of single audit findings, recommendations, or 
questioned cost. 

\ (fH-g) Following receipt of any additional information 

' requested, the Controller's Office chi e f fi s cal offic e r of an 
aff e ct e d di\ ision shall prepare a recommendation to accept or 
reject the corrective action plan for each fiscal compliance 
finding, recommendation or questioned cost. The Director of an 
affected division shall prepare a recommendation to accept or 
reject the corrective action plan for each program-specific 
compliance finding or recommendation. If the corrective action 
plan is rejected, the reasons for the rejection and an acceptable 
corrective action will be specified. These recommendations will 
be forwarded to the Controller's Office Audit Resolution 
Coordinator for Governmental Audits Controll e r — of th e 
Departm e nt for coordination of a Departmental position on the 
corrective action plan. 

(g)fM The Secretary of the Department shall provide the local 
government or public authority with a written determination 
which accepts or rejects the corrective action plan for each audit 
finding, recommendation or questioned cost that pertains to or 
otherwise affects a program of the Department. If the corrective 
action plan is rejected the reasons for the rejection and an 
acceptable corrective action will be specified in the 
determination letter. If the corrective action plan indicates that 
the proposed corrective action for nonmonetary findings has not 
been implemented, the determination on all nonmonetar> 
findings shall specify the time b\ which the local government or 
public authority shall implement the corrective action if different 

I from the time proposed in the corrective action plan. The 
determination on all questioned costs or other charges to the 
Department shall state whether the cost or other charge is 
allowable or unallowable for reimbursement to the local 
government or public authority under applicable laws and 
regulations. If a cost or other charge to the Department is 
determined to be unallowable for reimbursement, the 
determination letter shall require full monetary repayment to the 
Department within 60 days of the date of the determination 
letter. The amount of any cost or other charge detennined to be 
unallowable shall constitute a debt due the State of North 
Carolina until repayment in full is received by the Department. 
(h)fi4 A determination by the Secretary of the Department 
required under Paragraph [gj fM of this Rule shall become final 
unless timely notice of appeal is filed in accordance with G.S. 
150B-23. 

dHj) Upon timely notice of appeal filed in accordance with 
G.S. 150B-23 monetary repayment or implementation of a 
corrective action required under Paragraph [gj <+i-) of this Rule 
w ill be suspended onl\ for individual determinations or parts of 
a determination specificallv disputed in the appeal. Interest mav 
be charged under the conditions specified under Paragraph (jj 
fM of this Rule on the amount of any cost or other charge 
determined to be unallowable under Paragraph [gj fh-) of this 
Rule. 
(jX-M E.xcept where otherwise provided by statutes or 

f regulations. Federal agencies are required to charge interest on 
overdue amounts in accordance with the Federal Claims 
Collection Standards (4 CFR Ch. II). The date from which 



interest is computed is not extended by litigation or the filing of 
any form of appeal. If a Federal agency charges the Department 
interest on the Federal share of an overdue amount from a local 
government or public authoritv, the Department shall charge the 
interest to the local government or public authority. 

(k)fl4 If a local government or public authority fails to make 
repayment of an amount due to the Department or obtain 
Department approval of a deferred payment plan by the "due 
date" specified in Paragraph [gj fh-) of this Rule Rule, the 
Department shall offset the amount of the disallowance or any 
portion thereof remaining unpaid and any interest due from 
subsequent reimbursements or other amounts due the local 
government or public authority until the amount due is fully 
recovered. 

(JjfFfO A local government or public authority may propose a 
plan for repayment of amounts determined to be unallowable on 
an installment basis. The local government or public authority 
must certify' that it is unable to make repayment by the "due 
date" specified in Paragraph i_gj ^ of this Rule and that 
commercial financing can not be obtained. Repayment of the 
Federal f e d e ral share of amounts determined to be unallowable 
will not be allowed on an installment basis unless the Federal 
grantor agency approves of the installment plan or otherwise 
allows the Department the same installment repayment terms. 
Interest mav be charged as specified under Paragraph (jj fk) of 
this Rule while awaiting Federal approval of an installment plan 
or on installment pavments. 

( m ) fH-) If a local government or public authority fails to 
submit th e corr e ctiv e action plan r e quir e d und e r Paragraph (c) of 
this Rul e or additional information requested under Paragraph 
(d) fe) of this Rule or fails to implement corrective action within 
the time frame established by the Secretarv under Paragraph (gj 
{^ of this Rule, the Secretary of the Department or the Director 
of the requesting division may suspend all or any portion of the 
administrative and indirect cost funding administered by the 
Deparmient until such time as the required corrective action plan 
or additional infonnation is submitted as requested. 
Alternatively, the Secretary of the Department may issue a 
unilateral determination on the audit findings, recommendations, 
and questioned cost requiring any corrective action and 
repayment of questioned cost deemed necessary for compliance 
with the laws and regulations governing assistance programs 
affected. 

AiithonnG. 5. l43B-/0(/): I43B-I39.I: I43B-139.3: 159-34. 

.0419 AUDITS OF HOSPITALS, NONPROFITS, 
HIGHER EDUCATION AGENCIES 

(a) Public and private hospitals, public and private institutions 
of higher education and quasi-public and private nonprofit 
organizations [recipient organ ization(s)] which receive, use, or 
expend State or Federal funds must comply with the 
requirements of G. S. 143-6.1, Office of the State Auditor's 
Audit Advisory #2 and OMB Circular A-133 as applicable. 
These regulations detail reporting and other requirements that 
recipient organizations must meet m order to receive State and/or 
Federal funds. Depending on the amount of State andor Federal 
funds received, used, or expended, the recipient organization(s) 



13:22 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



1824 



m^mw<„M,tmmii^M'ijuitM,rjmjmmtM.iMmAM.mm.m^uiMjjjri, 



jaa^BSBasB 



PROPOSED RULES 



ma\ be required to have either an audit made or a sworn 
accounting of receipts and expenditures. Public and privat e 
hospitals, pubh'c and privat e institutions of high e r education and 
quasi pub li c and privat e nonprofit organizations [r e cipi e nt 
organization( s )] which r e c e iv e stat e or f e d e ral funds of tw e nt>' 
fiv e thousand dollars ($25,000) or mor e from th e Departm e nt of 
Human R e sourc e s (Departm e nt) in th e form of grants, cost 
r e imbursement contracts or oth e r form s of financial assistanc e 
agr ee m e nts shall hav e an audit mad e as a condition of r e ceipt of 
funds for e ach fiscal y e ar of th e r e cipi e nt organization in which 
financial as s istance funds ar e r e c e iv e d. — Th e audit shall be 
p e rformed in accordance with 0MB Circular A 110. Attachm e nt 
F.2.h. until OMB Circular A 133 i s is s u e d. Aft e r issuanc e of 
0MB Circular A 133. audit s s hall b e performed in accordanc e 
with th e provi s ions of that Circular. 

(b) The University of North Carolina and public hospitals 
operated by the State of North Carolina have annual audits 
performed by the State Auditor. The scope of such audits and 
the contents of the audit reports are the responsibility of the 
State Auditor and shall be accepted and relied upon by the 
Department unless a cognizant Federal agency finds that such 
audits do not meet the requirements of OMB Circular A-133. Ar- 
110. A 133 after issuance, or A - 12 8 . 

(c) The above audit requirements are not applicable to 
procurements. However, the purpose and substance of an 
agreement rather than form shall govern whether financial 
assistance was provided. A subrecipient is an entity that 
receives fmancial assistance passed down from the prime 
recipient. The subrecipient's responsibility is to help the 
recipient meet the requirements of the assistance award. The test 
for a subrecipient relationship is whether fmancial assistance is 
received from a recipient to carry out a program. A vendor is an 
entity that receives a procurement contract for goods or ser\ ices. 
The vendor's responsibility is to meet the requirements of the 
procurement contract. 

(d) The above audit requirements are not intended to replace 
a request for submission of audit reports in connection u ith 
requests for direct appropriation of state aid by the General 
Assembly through the Secretary of the Department for 
recommendations to the Govemor and the Advisory Budget 
Commission and the General Assembly in accordance with G. S. 
159-34. 

(e) The above audit requirements are not intended to replace 
requirements for submission of a financial audit report or 
financial information by the Department in connection with 
applications for funding or licensure, provider certification or 
cost reporting, and other purposes not related to provision of 
State and Federal financial assistance. 

(f) The Secretary of the Department may grant a waiver of 
any or all of the audit standards to a recipient organization who 
does not receive any grants, contracts or other financial 
assistance financed in whole or in part \\ ith Federal funds when 
an audit of assistance financed with State funds is not otherwise 
required by law and is not cost effective. 

(g) Each recipient organization shall be required to submit 
one copy of the audit report and corrective action plan required 
in Paragraph (a) of this Rule to each division of the Department 
which prov ided State or Federal financial assistance during the 



fiscal year covered by such audit within 30 days from the date 
the report is issued by the auditor, and no later than the 1 3th 
month following the close of the recipient organization's fiscal 
year in which assistance was received. 

(h) Upon receipt of the audit report the Department shall 
conduct a desk review of the audit report to determine if the 
reporting standards required in OMB Circular A-133 A 1 1 or 
wh e n it is issu e d have been met. If an audit received from a 
recipient organization does not meet the standards required in 
OMB Circular A-133 A 1 10 or wh e n it is issued , the Secretary 
of the Department shall issue a letter of determination to the 
recipient organization rejecting the audit and listing the required 
standards that were not met. The recipient organization shall be 
allowed no more than 90 days from the date of receipt of the 
Secretary's determination letter to submit a revised audit report 
which meets the standards required in OMB Circular A-133. A- 
1 10 or wh e n it is is s u e d. If the recipient organization fails to 
submit an audit report revised in accordance with the 
determination letter, the Secretary of the Department may 
suspend further financial assistance payments to the recipient 
organization or subject the recipient organization to an audit or 
compliance review by the Department or the State Auditor. 

(i) The Department or any affected division of the 
Department may request any additional information deemed 
necessary for clarification of an audit finding, recommendation, 
questioned cost or the corrective action plan. The recipient 
organization shall provide the information to the requesting 
official within 30 days after the receipt of the request. If 
additional information or clarification from the independent 
auditor is requested, the recipient organization shall direct their 
auditor to provide the information requested to the requesting 
official. 

(j) If the Department has reason to believe that due 
professional care was not used in conducting the audit required 
under OMB Circular A-133. A 133. A 1 10 or wh e n it i s issu e d. 
or if the recipient organization or their auditor is unwilling or 
unable to provide clarification or additional information 
requested by an official of the Department, the Controller of the 
Department may make or arrange for any review of the auditor's 
work papers deemed necessary for timely resolution of the audit 
findings, recommendations, or questioned cost. 

(k) The Secretary of the Department shall provide the 
recipient organization with a written determination which 
accepts or rejects the corrective action plan for each audit 
finding, recommendation or questioned cost that pertains to or 
otherwise affects a program of the Department. If the corrective 
action plan is rejected the reasons for the rejection and an 
acceptable corrective action will be specified in the 
determination letter. If the corrective action plan indicates that 
the proposed corrective action for nonmonetary findings has not 
been implemented, the determination on all nonmonetary 
findings shall specify the time by which the local government or 
public authorirv shall implement the corrective action if different 
from the time proposed in the corrective action plan. The 
determination on all questioned cost or other charges to the 
Department shall state whether the cost or other charge is 
allowable or unallowable for reimbursement to the recipient 
organization under applicable laws, regulations and other 



1825 



NORTH CAROLINA REGISTER 



May J4, 1999 



13:22 



PROPOSED RULES 



provisions of assistance agreements, if a cost or otlier charge to 
tPie Department is determined to be unaiiovvabie for 
reimbursement, tlie determination letter shall require full 

k monetar\' repayment to the Department within 60 days of the 
date of the determination letter. The amount of any cost or other 
charge determined to be unallowable shall constitute a debt due 
the State of North Carolina until repayment in full is received by 
the Department. 

(1) A determination bs the Secretar> of the Department 
required under Paragraph (k) or Paragraph (h) of this Rule shall 
become final unless timely notice of appeal is filed in 
accordance with G.S. I50B-23. 

(m) Upon timely notice of appeal tiled in accordance with 
G.S. 150B 23 I50B-23, monetary repayment or implementation 
of a corrective action required under Paragraph (k) of this Rule 
will be suspended only for individual determinations or parts of 
a determination specifically disputed in the appeal. Interest may 
be charged under the conditions specified under Paragraph (n) 
of this Rule on the amount of any cost or other charge 
determined to be unallowable under Paragraph (k) of this Rule, 
(n) Except where otherwise provided by statutes or 
regulations. Federal agencies are required to charge interest on 
overdue amounts in accordance with the Federal Claims 
Collection Standards (4 CFR Ch. 11). The date from which 
interest is computed is not extended b\ litigation or the filing of 
any form of appeal. If a Federal agency charges the Department 
interest on the Federal share of an overdue amount from a 
recipient organization, the Department shall charge the interest 
to the recipient organization. 

I (o) If a recipient organization fails to make repayment of an 
amount due to the Department or obtain Department approval of 
a deferred payment plan b> the "due date" specified in Paragraph 
(k) of this Rule the Department shall offset the amount of the 
disallowance or any portion thereof remaining unpaid and any 
interest due from subsequent reimbursements or other amounts 
due the recipient organization until the amount due is fully 
recovered. 

(p) A recipient organization may propose a plan for 
repayment of amounts determined to be unallowable on an 
installment basis. The recipient organization must certify that it 
is unable to make repayment by the "due date" specified in 
Paragraph (k) of this Rule and that commercial financing can not 
be obtained. Repayment of the Federal f e d e ral share of amounts 
determined to be unallowable will not be allowed on an 
installment basis unless the Federal grantor agency approves of 
the installment plan or otherwise allows the Department the 
same installment repayment teirns. Interest may be charged as 
specified under Paragraph (n) of this Rule while avsaiting 
Federal approval of an installment plan or on installment 
pa\ments. 

(q) If a recipient organization fails to submit the corrective 
action plan required under Paragraph (a) of this Rule or 
additional information requested under Paragraph (i) of this Rule 
or fails to implement corrective action within the time frame 

. established by the SecretarN- under Paragraph (k) of this Rule, the 

} Secretary of the Department or the Director of the requesting 
Division may suspend payment to the recipient organization of 
all or an\ portion of the administrative and indirect cost funding 



administered by the Department until such time as the required 
audit, corrective action plan or additional information is 
submitted as requested. Alternatively, the Secretary' of the 
Department may issue a unilateral determination on the audit 
findings, recommendations, and questioned cost requiring any 
corrective action and repayment of questioned cost deemed 
necessar\ for compliance with the laws and regulations 
governing assistance programs affected. 

AuthorinG.S. 143B-I0(j): N3B-I39.1. 

.0420 PURCHASE OF SERVICE VS. FINANCIAL 
ASSISTANCE 

(a) Non-profit and for profit agencies that receive State or 
Federal financial assistance either directly from DHHS DHR as 
a recipient or indirectly as a subrecipient sub recipient through 
contractual agreements with local agencies funded by DHHS 
DHR are required to have a compliance audit performed in 
accordance with OMB Circular A- 133; however. Circular A- 1 33 
does not apply to purchases of goods/services (vendors). 

(b) A recipient/subrecipient r e cipi e nt/aub r e cipient is 
distinguished from a vendor (purchase of service agreement) by 
the degree of responsibility assumed to meet the requirements of 
the program. 

(c) In a financial assistance arrangement, the 
recipient'subrecipient r e cipi e nt' s ub — r e cipi e nt receives the 
funding to carr> out or administer a program. A 
recipient'subrecipient r e cipi e nt s ub r e c i pi e nt ma\ be responsible 
for detemiining who is eligible for participation in a program b\ 
applying pre-detemiined eligibilit) requirements. A vendor who 
reserves the right to reject a participant based on a criteria other 
than eligibilify. does not become a recipient by exercising that 
right. A recipient/subrecipient r e cipi e nt/sub — r e cipient is 
responsible for making programmatic decisions d e cision and its 
performance is measured against meeting the program's 
programs objectives. Normally, but not always, there is an 
interest in how program programs funds are expended. 
Although recipient'subrecipient r e cipi e nt'sub r e cipi e nt generally 
have cost reimbursement grants/contracts it is possible for them 
to have a fee/rate per unit of service arrangement. 

(d) A vendor (purchase of servicesgoods) is measured 
against the terms of a contract. Goods must meet certain 
specifications and services are measured against certain qualify 
standards. A vendor normally operates in a competitive 
environment and once a pre-determined unit price has been 
established in a contract, usually there is no interest in how the 
vendor expends funds in meeting the vendor's obligation under 
the terms of the contract. 

(e) In distinguishing between a purchase of service and 
financial assistance arrangement, the substance of the 
relationship is more important than the form of the agreement. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1826 



BSOBSKSa 



MOtkt 



PROPOSED RULES 



(0 Reviewing a recipient/subrecipient's rocip i ent/sub r e cipi e nt contractual requirements and answering the following questions 
shall give an indication of the type arrangement represented by the contract. 

Indication of 
Financial Purchase/ 

Assistance Service 

Yes No 

1. Does the contract provider determine client eligibility? 

2. Does the contract provider authorize services on a client specific 
basis? 

3. Does the contract provider determine the appropriateness of the 
services to be provided? 

4. Does the contract provider provide administrative functions, such 
as: 

a. Program evaluation? 

b. Program planning? 

c. Monitoring? 

d. Develop program standards, procedures, and rules? 

5. Does the contract provider have responsibility for program 
compliance? 

6. Does the contract provider have to submit a cost report to satisfy a 
cost reimbursement arrangement? 

7 Does the contract provider have any obligation to the funding 

authority other than the deliver, of the specified goods/services? 

8. Does the contract provider operate in a competitive environment? 

9. Does the contract provider provide similar goods and/or services 
to many different purchasers? 

10. Does the contract provider provide the goods and/or services 
within normal business operations? 



No 



Yes 



The list in this Rule is not intended to be all inclusive; 
however, the answers to the questions shall offer 
guidance in distinguishing between a purchase of 
service or financial assistance arrangement. There 
may be other factors that would influence the decision 
on whether a contract is classified as either financial 
assistance or purchase of service and the decision 
shall only be made after weighing all factors relative 
to the contract. All factors will not carry the same 
weight. As an illustration, if any of the answers to 
questions I through 5 are yes, the contract shall 
almost always be a financial assistance arrangement. 
However, regardless of the answers to the questions, 
they shall not contradict a determination/classification 
that has been/or may be made by the funding Federal 
authority. 

The funding DHHS Division DHR Divi s ion's fiscal 
offic e r shall be available to assist, on a timely basis, 
its local counterparts in making the distinction in 
unique situations. 

Aitlhorin-G. S. 143B-10ljil2). 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 



Notice is hereby given in accordance with G.S. 150B-2I.2 
that the Department of Environment and Natural 
Resources intends to amend the rules cited as 1 5.4 NCAC IJ 
.OIOI-.OIO:. .0202. .0303. .0402. .0502. .0504. .0601. .0604. 
OWl. .0-'03. .0803. .0903-.U904: IL .0I0I-.0I02. .0303. .0501. 
.0503. .0601. .0604. .O'Dl. .0801. .0902. .1003-1004. and 
repeal the rule cited as 15.4 NC.4C IL .0203. Notice of Rule- 
making Proceedings was published in the Register on March 15. 
1999. 

Proposed Effective Date: .4ugiist 1. 2000 

A Public Hearing Mill be conducted at 2:00 p.m. on June 2. 
1999 at the .4rchdale Building. Ground/loor Hearing Room. 
Raleigh. \C. 

Reason for Proposed Action: Senate Bill 1354 enacted by the 
1998 General .4ssembly authorizes the issuance of general 
obligation bonds of the State to provide additional grant funding 
for the Clean Water Revolving Loan and Grant program 
established in G.S. 159G. The legislation dictates that special 
emphasis on seven criteria be placed on the distribution of the 
funds to be used for wastewater and water supply projects. 
Consequently we have proposed amending the rules governing 
the Revolving Loan and Grant program to incorporate these 



1827 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



seven criteria in their existing priority systems. The criteria to 
be emphasized include public necessity, systetri efficiencies, 
sound fiscal policies and efficient operation and management, 
capital improvement plans, reduction in discharges, watershed 
protection, and critical infrastructure needs. 

Comment Procedures: Any person or organization desiring 
to make oral comments at the hearing should register to do so 
at the hearing. Statements will be limited lo 10 minutes, and one 
typewritten copy of such statement should be submitted to the 
panel conducting the hearing. Any additional comments on the 
proposed rule amendments should be forward to the Division of 
Water Quality by June 14. 1999. 

Fiscal Note: These Rules. ISA NCAC U .0102. .0202. .0303. 
.0402. .0502. .0701. .0703. .0803. .0903: 1L.0102. .0501. .0801. 
.0902-. 0903. affect the expenditures or revenues of local 
gov ertmient funds and the expenditure or distribution of State 
funds subject to the Executive Budget Act. Article I of Chapter 
143. These Rules do not have a substantial economic impact of 
at least five million dollars (S5. 000. 000) in a 12-month period. 

Fiscal Note: These Rules. 15A NCAC IJ .0101. .0504. .0601. 
.0604. .0904; IL.OIOI, .0203. .0303. .0503. .0601. .0604. .0701. 
. 1003. . 1004. do not ajfect the expenditures or revenues of state 
or local government funds and do not have a substantial 
economic impact of at least five million dollars ($5,000,000) in 
a 12-month period. 

SUBCHAPTER IJ - STATE CLEAN WATER 
REVOLVING LOAN AND GRANT PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 

.0101 PURPOSE 

Loans and grants for wastewater treatment systems, 
wastewater collection systems and water supply systems from 
the various accounts in the North Carolina Clean Water 
Revolving Loan and Grant Fund established by G.S. 159G. 
except the Water Pollution Control Revolving Fund established 
by G.S. 159G 5(C). 159G-5(C) and the Drinking Water 
Treatment Revolving Loan Fund established by G.S. l?9G-5(d). 
shall be made in accordance with this Subchapter. 

Author it}- G.S. 159G-15. 

.0102 DEFINITIONS 

In addition to the definitions in G.S. 159G-3. the follov\ing 
defmitions will apply to this Subchapter: 

"Act" means the North Carolina Clean Water 
Revolving Loan and Grant Act of 1987. G.S. 159G. 
"Award" means the offer by the receiving agency to 
enter into a loan or grant commitment for a specified 
amount. 

"Award of contract" means the award by the loan or 
grant recipient to a contractor of a contract to 
construct the project as bid. 



(1) 
(2) 

(3) 



(4) "Bid" means the amount of money for which a 
contractor offers to construct the project. 

(5) "Contingency costs" means unforeseen costs or 
situations not included in the estimate of project 
costs. 

(6) "Commitment" means a binding agreement to pay 
loan or grant funds in a lump sum or in installments to 
an eligible applicant at some future time. 

(7) "Date of completion" means the date on which the 
project has been completed, as determined by the 
receiving agency. 

(8) "Division of Environmental Health" means the 
Division of Environmental Health of the North 
Carolina Department of Environment and Natural 
Resources. 

f84(9) "Division of Environmental Management" means the 
Division of Environm e ntal — Manag e m e nt Water 
Quality of the North Carolina Department of 
Environm e nt, — H e alth, Environment and Natural 
Resources. 
f^(lO) "Effective date of receipt" means September 30 for 
applications postmarked or hand delivered to the 
principal offices of the receiving agency in Raleigh. 
North Carolina between April 1 and September 30. 
and means March 31 for applications postmarked or 
hand delivered to the principal offices of the receiving 
agency in Raleigh, North Carolina between October 1 
and March 31; except that for applications to the 
Emergency Wastewater or Water Supply Revolving 
Loan Account it means the date designated by the 
receiving agency for each priority review period 
established under Rule .0801(b) of this Subchapter. 

fWlii) "Fiscal year" means the state fiscal year, beginning on 
July I of a calendar year and ending on June 30 of the 
following calendar year In referring to a specific 
fiscal year, the year named is the calendar year in 
which the fiscal year ends. For example, "Fiscal Year 
1988" refers to the fiscal year beginning July 1. 1987 
and ending June 30. 1988. 

(-W(12) "Inspection" means inspection or inspections of a 
project to determine percentage completion of the 
project and compliance w ith applicable federal, state 
and local laws or rules. 

f4J4(13) "Orders" means any restrictive measure, related to the 
operation of its wastewater treatment facilities, issued 
to an applicant for a loan or grant from the wastewater 
accounts under this Subchapter Such measures may 
be included in. but are not restricted to. Special 
Orders, Special Orders by Consent, Judicial Orders, 
or issued or proposed pennits, pemiit modifications or 
certificates. 

f4J->(14) "Project" means the works described in the 
application for a loan or grant under this Subchapter 

(4-t4( 15) "Loan" means "revolving loan" as defined in G.S. 
159G-3(I5). 

f4-54( 16) "Priorirv period" means priority review period as 
established in Section .0800 of this Subchapter 

f-f64(17) "Real property" means land and structures affixed to 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1828 



»T-.i;ju«mm..».~^.^.P».>..>^., 



PROPOSED RULES 



the land having the nature of real propert\ or interests 
in land including easements or other rights-of-way 
purchased or acquired for water supply and 
wastewater facilities and works to be constructed as a 
part of the project for which a loan or grant is made 
under this Subchapter. 
(4^( 18) "Regional water supply system" means a public wat e r 
supply syst e m of a municipality. count>'. s anitar> 
di s trict, or oth e r political subdivision of th e stat e or 
combination th e r e of which provid e s, is int e nd e d to 
provid e , or is capabl e of providing an ad e quat e and 
safe supply of wat e r to a substantial portion of th e 
population within a county, or to a substantia l wat e r 
s e rvic e ar e a in a r e gion compos e d of all or parts of 
two or mor e counti e s, or to a m e tropolitan ar e a in two 
or mor e counti e s. 

(a) A public water system that serves two local 
units of government, or 

(b) A public water system that demonstrates each 
of the following: 

(i) A specific plan to provide drinking 

water throughout the territory of a local 

unit of government, except that a 

municipality shall also demonstrate a 

s pecific plan to provide drinking water 

outside its extraterritorial jurisdiction; 

(ii) Shares water supply facility resources 

with another public water system or 

eliminate an acute imminent, immediate. 

chronic, or potential health hazard as 

described m Rule .0701 (a) through (d) 

of this Subchapter jn an area containing 

at least 15 residential units which is not 

served by a public water system: and 

(iii) A interlocal agreement or joint 

resolution to be a part of an 

interconnected regional water system 

within 10 years. 

f4^(19) "R e gional wast e wat e r manag e m e nt authority" m e ans 

a unit of gov e rnment which has jurisdiction for 

providing the wast e wat e r tr e atm en t works for thr ee or 

mor e units of govommont. or which has r e sponsibility 

within a fac i lity planning ar e a to carry out th e 

op e ration and maint e nanc e of all publicK own e d 

wast e wat e r tr e atm e nt works. "Regional wastewater 

system" means a public wastewater collection or 

treatment system of a municipality, county, sanitary 

district, or other political subdivision of the State or 

combination thereof that serves two or more units of 

government. 

f+^(20) "Water Reclamation" means the production of a high 

level treated effluent as a reusable, non-potable water 

source. 

(30)t2i) "Water Reuse" means the actual use or application of 

treated wastewater in or on areas which require water 

but do not require potable water quality. 

AurhorlnGS. 159C-3: I59G-I5. 



SECTION .0200 - ELIGIBILITY REQUIREMENTS 

.0202 GRANTS FROM THE HIGH-UNIT COST 
ACCOUNTS 

(a) Eligibilit) of an application for a grant fi-om the High-Unit 
Cost Wastewater Account or the High-Unit Cost Water Supply 
Account, and the amount eligible for such a grant, will be 
determined by the receiving agency in accordance with G.S. 
159G-6(b)(2) or ! 59G-6{c)(2). subject to the limitations in G.S. 
159G-6(a){2). 

(b) For the purposes of Rule .0202(a) of this Subchapter, 
median household income in the countv local government unit 
in which the project is located will be as determined jointly each 
\ear by the U.S. Bureau of Census and the U.S. Department of 
Housing and Urban Development. 

(c) Grants from the High-Unit Cost Wastewater and Water 
Supply Accounts will be made only to approved projects that 
receive a commitment for the balance of project costs from any 
other source, including loans under this Subchapter and other 
loans from governmental or private sources. 

(d) Grants from the High-Unit Cost Water Supply accounts 
will be made only to applicants who have submitted a water 
supply facility plan to the Department of Environment and 
Natural Resources in accordance with G.S. 143-355(1). 

Authority- G.S. I59G-6(a)(2): 159G-6(b)(2): 159G-6(c)l2): 
I59G-15. 

SECTION .0300 - APPLICATIONS 

.0303 FILING OF REQUIRED SUPPLEMENTAL 
INFORMATION 

(a) Every application shall be accompanied by an 
environmental assessment document as required b\ G.S. 
159G-8(b), by the date the receiving agency sets the priority 
rating for a priority review period. 

(b) Any application that has not received approval b\ the 
receiving agency of the preliminary engineering report for the 
proposed project by the date the receiving agency sets the 
priority rating for a priority review period shall not be included 
in the priority rating for that priority review period. 

(c) Any a pplicant for a water suppK project not 
demonstrating approval of plans and specifications within four 
months from the end of the priorit> rating period shaH be 
transferred to the next priority rating period for consideration 
unless this review js the second review jn which case a new 
application shall be required for further consideration. 

(d) Any application for water supply projects must be 
accompanied by a business plan, water system management plan, 
or other infonnation that documents that the applicant has the 
technical, managerial, and financial capacity to ensure 
compliance with the North Carolina Drinking Water Act. G.S . 
130A-311 et. seq. 

fe-)(e) Any application that is not accompanied by an adopted 
resolution as required by G.S. 159G-9(3) stating that the unit of 
government has complied or will substantially comply with all 
applicable federal, state and local laws or rules shall not be 



1H29 



NORTH CAROLINA REGISTER 



Mav 14,1999 



13:22 



PROPOSED RULES 



included in tiie prioritv' rating for that priority review period. 
Such resolution shall be certified or attested to as a true and 
correct copy as adopted. 
I fd-)(0 If a public hearing is held on an application, the 
application shall not be included in the priority rating unless the 
hearing process is concluded by the date the receiving agency 
sets the priority rating for the priority review period. 

fe4 (g) A certification shall be submitted by the local 
government unit stating that it will be in compliance with 
verifiable Minority Business Enterprise goals as stated in G.S. 
143-128. 

Authority G.S 159G-8: 159G-9: 159G-H>iu): I59G-I5. 

SECTION .0400 - CRITERIA FOR EVALUATION OF 
ELIGIBLE APPLICATIONS 

.0402 CRITERIA FOR PLANNING AND WATER 
CONSERVATION 

Ma,\imum value- 70 80 points: 

(a) Applicant may receive a maximum of 1 5 bonus points 
for meeting the following criteria as applicable: 

(1 ) Applicant demonstrates it has a continuing I/I 
program in its wastewater sewer maintenance 
program. (Wastewater Projects 

Onl\ ) 5 points 

(2) Applicant demonstrates it has a continuing 
water loss program in its water suppK system 
program. (Water Supply Projects 

I Only) 5 points 

(3) Applicant demonstrates it has a continuing 
program of water conservation education and 
information. 5 points 

(4) Applicant demonstrates it has established a 
water conservation incentive rate structure: 
created incentives for new or replacement 
installation of low flow faucets, shower heads, 
and toilets; or has a water reclamation or reuse 
system. 5 points 

(b) Applicant may atee receive a maximum of +0 25 
bonus points for meeting the following criteria; 

(1) Applicant demonstrates that it has adopted a 
comprehensive land-use plan that meets the 
requirements of G.S. 155H. Article 18 or G.S. 
160A, Article 19. or applicant is a local 
government unit that is not authorized to adopt 
a comprehensive land-use plan but that is 
located in whole or in part in another local 
government unit that has adopted a 
comprehensive land-use plan, and that the 
proposed project is consistent with 

the plan. 2 7 points 

(2) Applicant demonstrates that the comprehensive 
land-use plan exceeds the minimum state 
standards for the protection of water 

' resources. 3 8 points 

(3) Applicant demonstrates that actions have been 
taken toward implementation of the 



comprehensive land-use plan. These actions 
may include the adoption of a zoning ordinance 
or any other measure that significantly 
contributes to the implementation of the 
comprehensive land-use plan. 6 JO points 

(c) Applicant may receive a maximum of 20 bonus points 
for the follow ina criteria; 

( 1 ) Applicant has developed a capital improvement 
plan as defined in Session Laws 1998 
Chapter 132. 15 points 

(2) Proposed project is consistent with the water 
supplv watershed protection requirements 
of G.S. 143-214.5. 5 points 

(d) Applicant mav receive a maximum of 20 bonus points 
for the following criteria; 

(1 ) Applicant demonstrates voluntary water supply 
watershed protection activities in excess 

of' the minimum requirements of G.S. 143- 
214.5, or 1 5 points 

(2) Applicant demonstrates jt has developed a 
voluntary wellhead protection 

program, or 15 points 

(3) Applicant demonstrates it has both 
Subparagraphs ( I ) and (2) of this 
Paragraph. 

Author it\' G.S. I59G-1U: 159G-I5. 



20 points 



SECTION .0500 - PRIORITY CRITERIA FOR 
WASTEWATER TREATMENT WORK PROJECS 

.0502 APPLICABLE CONDITIONS 

Maximum Value — 5^ 65 Points; 

The value of this Rule will be the sum of the points assigned 
under Items (1 ). (2), (3) and (4) of this Rule. 

( 1 ) Proposed project will comply with established water 
quality standards and priority points will be assigned 
on the basis of the classification assigned to the 
receiving waters as follows; 

(a) Class "SA" (Shellfish Waters), Class "WS-I" 
or "WS-ll" (Water Supply Source). Class 
"ORW" (Outstanding Resource Waters), or 
"HQW" (High Quality Waters). ^ 20 points 

(b) Class "WS-III", "WS-IV", or "WS-V" (Water 
SuppK Source) 2% _!_5 points 

(c) Class "B" or "SB" (Bathing 

Waters) 2^ 10 points 

(d) Class "C" or "SC" (Fishing) 34 5 points 

(2) Construction of propo se d proj e ct ha s been initiat e d or 
must b e init i at e d with i n 12 months to comply with an 
ord e r issu e d or with a complianc e sch e du le approv e d 
by th e Environm e nta l Manag e m e nt Commission, or 
by .lud i c i al Ord e r Proposed projects will provide for 
a regional v\astewater collection or treatment 
system. 40 15 points 

(^ Propo se d — proj e ct s — w4fl — prov i d e — for — a — r e gional 

wast e wat e r tr e atm en t faci l ity. 10 points 

f44(3) Proposed project will provide wastewater treatment 



13:22 



NORTH CAROLINA REGISTER 



Mav J 4, 1999 



1830 



iii i iiiiiiii m il '■•"•"'-*"'"■■' 



2SiSB 



PROPOSED RULES 



14} 



processes for the removal of nutrients, nutri e nts or 
oth e r mat o rials not normally remov e d by conv e ntional 
troatmont proc e ss e s. 5 points 

Proposed project will result in a reduction of the 
overall volume of effluent discharged to the state's 
waters by using alternative m ethods of wastewater 
treatment and disposal. 25 points 



AiilhoriryGS. I59G-I0: I59G-15. 

.0504 FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value— 1-0 25 points: 

The value of this Rule will be the sum of the points assigned 
to either Item ( 1 ) or (2) of this Rule plus the value assigned to 
Items (3) and (4) of this Rule: 

(1) Applicant has adopted an acceptable sewer use 
ordinance which will be placed in effect on or before 
the completion date of the proposed project and has 
established an equitable schedule of fees and charges 
providing that each category of users shall pay 
substantially its proportional part of the total cost of 
the operation and which will provide sufficient 
revenues for the adequate operation, maintenance and 
administration and for reasonable expansion of the 
project. 6 points 

(2) Applicant is in the process of adopting an acceptable 
sewer use ordinance which will be adopted and placed 
in effect on or before the completion date of the 
proposed project and has established an equitable 
schedule of fees and charges providing that each 
category of users shall pay substantially its 
proportional part of the total cost of the operation and 
which will provide sufficient revenues for the 
adequate operation, maintenance and administration 
and for reasonable expansion of the 

project. 2 points 

(3) Applicant has established by resolution of its 
governing body a capital reserve fund into which all 
surplus revenues from such charges and fees will be 
placed for the purposes specified in G.S. 159G-9(4). 
(Copy of the resolution must be submitted with 
application.) 3 4 points 

(4) The applicant has followed proper accounting and 
fiscal reporting procedures as evidenced by the 
applicant's most recent report of audit and the 
applicant is in sub s tantial compliance with provisions 
of the general tiscal control laws of the 

state. 3 15 points 

The Environmental Management Commission may seek the 
comments of the Secretary of the Local Government 
Commission in determining the values to be assigned to Items 
(3) and (4) of this Rule. 

AuihnriiyG.S. 159G-I0: 159G'I5. 

SECTION .0600 - PRIORITY CRITERIA FOR 
WASTEWATER COLLECTION SYSTEM PROJECTS 



.0601 PUBLIC NEED 

Select One: Maximum Value-25 points: 

(1) Project is intended to improve or expand an existing 
system for which adequate wastewater treatment 
facilities will be provided by: 

(a) a regional wastewater manag e m e nt authority, 
svstem. 25 points 

(b) the applicant. 20 points 

(2) Project is intended to provide a basic system for a unit 
of government which is not presently served by an 
approved system and adequate wastewater treatment 
will. be provided by: 

(a) a regional wastewater manag e m e nt authority, 
svstem. 20 points 

(b) the applicant. 15 points 

Authorin-G.S. 159G-10: 159G-15. 

.0604 FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value — 1-© 25 points: 
The value of this Rule will be the sum of the points assigned to 
either Item ( 1 ) or (2) plus the value assigned to Items (3) and (4) 
of this Rule: 

( 1 ) Applicant has adopted an acceptable sewer use 
ordinance which will be placed in effect on or before 
the completion date of the proposed project and has 
established an equitable schedule of fees and charges, 
providing that each category of users shall pa\ 
s ub s tantially its proportional part of the total cost of 
the operation, and which will provide sufficient 
revenues for the adequate operation, maintenance and 
administration and for reasonable expansion of the 
proj e ct, project, or 6 points 

(2) Applicant is in the process of adopting an acceptable 
sewer use ordinance which will be adopted and placed 
in effect on or before the completion date of the 
proposed project and has established an equitable 
schedule of fees and charges, providing that each 
category of users shall pay sub s tantial l y its 
proportional part of the total cost of the operation and 
which will provide sufficient revenues for the 
adequate operation, maintenance and administration 
and for reasonable expansion of the 

project. 2 points 

(3) Applicant has established by resolution of the 
governing body a capital reserve fund into which all 
surplus revenues from such charges and fees will be 
placed for the purposes specified in G.S. 1 59G-9(4). 
(Copy of the resolution must be submitted with 
application. ) 2 4 points 

(4) The applicant has followed proper accounting and 
tiscal reporting procedures, as evidenced by the 
applicant's most recent report of audit, and the 
applicant is in s ub s tantial compliance with provisions 
of the general tiscal control laws of the 

state. 2 15 points 



1831 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



^m 



PROPOSED RULES 



The Division of Environmental Management may seek the 
comments of the Secretarv of the Local Government 
Commission in determining the values to be assigned to Items 
(3) and (4) of this Rule. 

Authority' G.S. I59G-10: 159G-15. 

SECTION .0700 - PRIORITY CRITERIA FOR WATER 
SUPPLY SYSTEMS PROJECTS 

.0701 PUBLIC NECESSITY: HEALTH: SAFETY AND 
WELFARE 

Maximum Value—SOiOO points: 



(1) 



(^ 



System and Service Area Needs: (Maximum 
Points--20) 

(a) The project is intended to increase the source 
of water to meet existing service area needs or 
to alleviate water shortage problems. 12 points 

(b) The project is intended to improve an existing 
system with no increase in the area to be 
served. 12 points 

(c) The project is intended to increase the existing 
area to be served w ithout improvement of the 
existing system. 12 points 

(d) The project is intended to increase the existing 
area to be served and includes needed 
improvements to the existing 

system. 16 points 

(e) The project is intended to significantly increase 
the existing area to be served and includes 
n ee d e d improvements to the existing system 
and either is a component of or will create a 
regional water supply system, s yst e m or is so 
d e sign e d as to p e rmit int e rconn e ction at an 
appropriat e — t+me — w+th an e xpanding 



m e tropolitan, ar e a wid e or r e gional 



syst e m. 



(0 



20 points 
intended to provide for 



The project is 
construction of a basic system for an area 
which is not presently served by an approved 
public water supply system and service by an 
existing system is not feasible. 20 points 

Public H e alth N ee d (A maximum of 10 points shall b e 
award e d if mor e than one item applies.). Th e proj e ct 
is int e nd e d to e liminate th e following h e alth risks: 
(a) Contam i nant le vels in drinking wat e r which 
constitut e acute health risks as d e fin e d in 4 
CFR M1.32(a)( 1 )(iii) which is incorporat e d by 
r e f e r e nc e at 15A NCAC 18C .1523. 4 points 
Unr e asonabl e risks to h e alth from contaminant 
l e v e l s in drinking wat e r as d e t e miin e d by th e 
U.S. Environm e ntal Protection Ag e ncy or th e 
Environm e ntal Epidemiology S e ction of th e 
D e partm e nt of Environment. — H e alth. — sm4 
Natural R e sourc e s pursuant to the Guidanc e i n 
D e v e loping H e alth Crit e ria for D e t e nnining 
Unreasonabl e Risk to H e a l th as publish e d by 
the — Office — of — Drinking — Wat e r. — UtSt 



{^ 



Environm e ntal Protection Agency. 

Washington. — DrC^ — 20 4 60 — and — h e r e by 

ifl corporated — by — r e f e r e nc e — including — any 

s ubs e qu e nt amendments and e ditions. — This 

mat e rial i s availabl e for inspection at th e 

D e partm e nt of Environm e nt. — H e alth. — and 

Natural Resourc es . Division of Environmental 

H e alth. 1330 St. Mary' s Str ee t. Ral e igh. North 

Carolina. Copies may b e obtain e d from the 

D e partm e nt of Environm e nt. — H e alth. — and 

Natural R es ourc es . Division of Environmental 

H e alth. Public Wat e r Supply S e ction. P.O. Box 

19536. Ral e igh. North Carolina 27626 0536 at 

no charge unl e ss s ubs e qu e nt e ditions e xc e ed 

1 00 pages. 35 points 

{ej Contaminant levels in drinking wat e r oth e r 

than thos e which constitut e acut e h e alth risks 

d e scribed i n Sub item (2)(a) of this 

Rul e . 30 points 

(4) Inad e quat e tr e atment to r e move or abate 

contaminant l e ve l s in drinking water30 point s 

{e) Insuffici e nt water for drinking or for s e wag e 

disposal purpos e s or inadequate wat e r pr e ssur e 

to pr e v e nt contaminant levels in drinking 

wat e r. 20 point s 

(2) Public heakh and compliance points ma\ be awarded 

to a project based on the following criteria. A 

proposed project shall be necessary to facilitate 

compliance with the N.C. Drinking Water Act or the 

federal Safe Drinking Water Act and to alleviate the 

type of public health concern for which points are 

awarded. A project shall receive only points in the 

highest sub-category for which it mav qualifs': 

(a) Acute Imminent Health Hazards. A maximum 

of 60 points shall be awarded to projects that 

propose to eliminate any one or more of the 

following acute, ongoing health hazards to the 

consumer: 

ijj Projects that address documented 
nitrate, nitrite or fecal colifonn MCL 
violations, or contaminant levels jn 
drinking water which constitute acute 
health risks as defined rn 40 CFR 
141.32(a)(l )(iii) which is incorporated 
by reference at 1 5 A NCAC 1 8C . 1 523; 
or 
(ii) Projects that eliminate any contaminant 
in the public water system that poses an 
acute risk or imminent hazard to public 
health as determined by the State Health 
Director or a health risk assessment 
from the Division of Epidemiology. 
Department of Health and Human 
Seryjces in accordance with G.S. 130A- 
2111 
Immediate Health Hazards. A maximum of 40 
points shall be awarded to projects that propose 
to eliminate anv one or more of the following 



lb] 



13:22 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



1832 



x^a 



PROPOSED RULES 



immediate health hazards to the consumer: 
(jj Projects that address surface water 
treatment technique violations occurring 
for two or more consecutive months; 

(ii) Projects that resolve any 

microbiological MCL problems for a 
water system with three or more 
microbiological MCL violations during 
the previous 12 months; 

(iii) Projects that propose filtration for a 
surface water source or for a well that is 
determined to be under the direct 
influence of surface water by the 
Department that does not currently have 
tlltration; 

(iv) Projects that address the inability of a 
public water system to inactivate giardia 
and viruses vn accordance with I5A 
NCAC ISC .2001; or 

(v) Projects that address documented 
recurrent water outages or low pressure 
below the requirements of 15A NCAC 
ISC .0901. Only problems that affect 
human consumption of drinking water 
shall be considered for award of points 
under this criteria. 
(c) Chronic Health Hazards. A ma.\imum of 24 

points shall be awarded to projects that propose 

to eliminate any one or more of the following 

chronic health hazards to the consumer: 
(jJ Projects that address e.xceedances of the 
lead and copper action levels under 1 5 A 
NCAC ISC. 1507; 

(ii) Projects that address violations of 
inorganic or organic chemical or 
contaminant MCLs under 15A NCAC 
ISC . 1510,. I5l7, and . 1518; 

(iii) Projects that address violations of 
radiological contamination MCLs under 
I5A NCAC ISC. 1520 and . 1521; or 

(iv) Projects that address a chronic health 
hazard as determined by the State 

health 



tdj 



Health Director 



assessment 



or a nealtn risk 

from the Division of 

Epidemiology. Department ot~ Health 
and Human Services. 
Potential Health Hazards. A maximum of 16 
points shall be awarded to projects that propose 
to eliminate any one or more of following 
potential health hazards to the consumer: 
{\\ Projects that address low chlorine 

residuals m the distribution system; 
(ii) Projects that address periodic violations 
of an MCL; 
Projects for line installation or 



LmJ 



liyi 



extensions to areas with poor water 

quality or limited quantity; 

Projects to develop new sources of 



water, to augment existing sources, or to 
expand treatment capacity to meet 
current demand when the average daily 
demand for the previous 12 months 
equals or exceeds the available water 
supply as calculated in local water 
supply plans prepared in accordance 
with G.S. 143-355(1) or the maximum 
day demand for the previous 12 months 
equals or exceeds the approved water 
treatment plant design capacity; or 

(v) Projects to provide disinfection for a 
system that currently does not have 
disinfection, 
(e) System Improvements. A maximum of 8 

points shall be awarded for projects that shall 

provide any one or more of the follovsing 

general system improvements when needed for 

public health purposes: 
ii) Projects that replace water supply 
production or treatment equipment that 
js undersized, malfunctioning or has 
exceeded its useful l ife; 

(ii) Projects that replace undersized or 
leaking water lines; 

(iii) Projects that address other water quality 
concerns such as iron, manganese, taste. 
and odor; 

(iv) Projects to bring existing facilities to 
current design standards which affect 
water quality such as treatment, 
chemical storage and application- 
pumping facilities, finished storage- 
distribution systems; 

(v) Projects that eliminate dead ends and 
provide looping in a distribution system. 

(vi) Projects that increase water storage 

capacity; 

(vii) Projects to develop new sources of 

water, to augment existing sources, or to 

expand treatment capacity to meet 

current demand when the average dailv 

demand for the previous 12 months 

exceeds 80 percent of the available 

water suppK as calculated in local water 

supply plans prepared in accordance 

with G.S. 143-355(1) or the maximum 

day demand for the previous 12 months 

exceeds 80 percent of the approved 

water treatment plant design capacity; or 

(viii) Projects for installation or upgrade of 

water treatment plant waste disposal 

facilities. 

(3) Capacity for Future Groyvth (Select One) - (Maximum 

Points -20): 

(a) The project is intended to provide for the 
immediate needs. 6 points 

(b) The project is intended to provide for the 



1H33 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



reasonable growth needs of the area during the 
next 5 to 20 year planning period. 1 points 
(c) The project is a proposed regional system or a 
major component of a regional system which is 
intended to provide for the reasonable growth 
needs of the area to be served during the next 
20 or more \ears. 20 points 

Authority G.S. 159G-10: 1590-15. 

.0703 FINANCIAL CONSIDERATIONS 

Maximum Value— ^ 40 Points: 

(1) Financing of the Project (Select One) 

(Maximum Points--10): 

(a) Applicant has applied for but not received a 
commitment for funding fi'om a federal agency 
for a portion of the project costs. 5 points 

(b) Applicant has funds available or has received 
a commitment for funding from a federal 
agency, or bonds have been authorized to cover 
project costs over and above the state grant or 
loan funds requested. 10 points 

(c) The loan funds requested cover all the 
estimated project costs. 1 points 

(2) Fiscal Responsibility of the Applicant (Maximum 
Points-44)T 15). The value of this categorical element 
shall be the sum of the points awarded Items (a) to (c) of 
this Paragraph: 

(a) The applicant has followed proper accounting 
and fiscal reporting procedures as reflected in 
the applicant's most recent report of audit, and 
the applicant is in substantial compliance with 
the provisions of the general fiscal control laws 
of the state. 2 points 

(b) The applicant water system is fiscally 
self-sufficient. 2 points 

(c) Estimated revenues will provide funds for 
proper future operation, maintenance and 
administration, reasonable expansion of the 
project and estimated annual principal and 
interest requirements for the project debt plus 
annual principal and interest requirements on 
the outstanding debt incurred for existing 
facilities. 6 JJ points 

In determining the points to be awarded this categorical element, 
the Division of Environmental Health may seek the comments of 
the Secretary of the Local Government Commission. 

(3) Financial Need of the Applicant (Maximum 
Points-15). The financial need of the applicant uill 
be determined by the following formula: 

150 (Total Bonded Indebtedness plus 
Points = Total Estimated Project Cost) 

Total Appraised Property Valuation 

"Total bonded indebtedness" includes all outstanding 
bonds as of the first day of the quarter in which the 
project application is eligible for consideration for the 



assignment of a priority but shall not include bonds 

already authorized or sold to finance the proposed 

project. 

"Total appraised property valuation" refers only to real 

property valuation based on the most recent appraisal 

for tax purposes as otTicially recorded in the county or 

counties in which the service area of the proposed 

project is to be located. 

"150" is used in the formula to provide point values 

for this categorical element. 

Authority' G.S. 159G-I0: 159G-I5. 

SECTION .0800 - PRIORITY REVIEW PERIODS: 
ASSIGNMENT OF PRIORITIES 

.0803 ASSIGNMENT OF CATEGORY TO 
WASTEWATER APPLICATIONS 

(a) Applications to the General Wastewater Revolving Loan 
Account or the High-Unit Cost Wastewater Account will be 
assigned a category as follows, during review of the 
applications: 

( 1 ) All applications for projects that are under orders ef 
proj e cts whose rec e iving wat e rs hav e b ee n d e signat e d 
Nutri e nt S e ns i tiv e Wat e rs by th e Environm e ntal 
Manag e m e nt Commis s ion or whos e r e c e iving wat e rs 
hav e b ee n id e ntifi e d as wat e r quality impair e d or 
l i mit e d in th e most curr e nt basinwid e vsater quality 
manag e m e nt r e port , under moratorium, at or above 
80° of pennitted capacits during the previous 
calendar year. experiencing excessive 
infiltration/inflow, or that would qualii\ for an 
Emergency Loan under Rule .0204 of this Subchapter. 
and that have submitted final project plans and 
specifications for review and approval by the 
receiving agency, shall be placed in Category 1 . 

(2) All applications for projects that are under ord e r s 
orders, under moratorium, at or above 80° o pennitted 
capacity during the previous calendar year, 
experiencing excessive infiltration/inflow, or that 
would qualifs for an Emergency Loan under Rule 
.0204 of this Subchapter or proj e cts who se r e c e iving 
wat e rs hav e b ee n d e s i gnat e d Nutri e nt S e nsitive 

Wat e rs — by — the Environm e ntal Manag e m e nt 

Commis s ion or who se r e c e iving wat e rs hav e b ee n 
id e ntifi e d as wat e r qual i ty impair e d or limit e d in th e 
most curr e nt basinwid e wat e r quality manag e m e nt 
r e port, and that hav e not s ubmitt e d final proj e ct plans 
and s p e cifications for r e vi e w and approval by th e 
r e c e iving ag e ncy and a l l opplication s for proj e cts not 
includ e d in Cat e gory 1 that have not submitted final 
project plans and specifications for review and 
approval by the receiving agency shall be placed in 
Category 2. 

All oth e r app l ications sha ll b e plac e d in Cat e gory ' 3. 
All applications for projects for expanding 
infrastructure primarily to support additional 
development and that have submitted final project 



(3) 



13:22 



NORTH CAROLINA REGISTER 

wsanssBsaaMMOi 



May 14, 1999 



1834 



tatasBaaBasasaasem 



PROPOSED RULES 



plans and specifications for review and approval by 
the receiving agency, shall be placed in Category 3^ 
(4) All applications for projects for expanding 
infrastructure primarily to support additional 
development that have not submitted final project 
plans and specifications for review and approval by 
the receiving agency shall be placed in Category 4. 

(b) All applications in Categor>' I for a specific wastewater 
account will be funded before applications in Category' 2 in the 
same account. All applications in Category 2 for a specific 
wastewater account will be funded before applications in 
Category 3 in the same account. All applications in Category 3 
will be funded before applications in Category 4 in the same 
account. 

(c) Proc e eds from th e stat e wid e bond r e f e r e ndum authoriz e d 
by th e 1093 S.L. c. 5 12. s. 10 mav only b e us e d to fund proj e ct s 
that hav e s ubmitted final plan s and sp e cifications for revi e w and 
approval by th e r e c e iving ag e ncy. 

Authority G.S. 159G-2: I59G-J5. 

SECTION .0900- LOAN AND GRANT AWARD AND 

COMMITIVIENT: DISBURSEMENT OF 

LOANS AND GRANTS 

.0903 CRITERIA FOR LOAN ADJUSTMENTS 

Upon receipt of bids, a loan commitment may be adjusted as 
follows: 

( 1 ) The loan commitment may be decreased, provided the 
project cost as bid is less than the estimated project 
cost, and the receiving agency approves the loan 
commitment decrease. 

(2) Loan commitments may be increased, to a maximum 
of ten perc e nt or #H=e€ five hundred thousand dollars 
(300,000.00) (500,000). which e v e r is gr e at e r, 
provided: the project cost as bid is greater than the 
estimated project cost; the project as bid is in 
accordance with the project for which the loan 
commitment was made; the receiving agencx has 
reviewed the bids and determined that substantial cost 
savings would not be available through project 
revisions without jeopardizing the integrit\ of the 
project; and adequate funds are available in the 
account fi"om which the loan was awarded. Increases 
greater than ten percent of the loan commitment shall 
be approved by the receiving agency; the Local 
Government Commission; and, for wastewater 
projects, the Environmental Management 
Commission. 

Authority G.S. 159G-I2: I59G-15. 

.0904 DISBURSEMENT OF LOANS AND GRANTS 

(a) Disbursement of loan and grant monies shall be made at 
intervals as work progresses and expenses are incurred. No 
disbursement shall be made until the receiving agency receives 
satisfactoiy documentation of incurred costs. At no time shall 
disbursement exceed the allowable costs which have been 



incurred at that time. 

(b) Project inspection will confirm work progress, and a final 
inspection is required prior to the final disbursement of loan 
monies. 

(c) No disbursement shall be made until the receiving agency 
receives documentation of compliance with the verifiable 
percentage goal for participation by minority businesses in 
accordance with G.S. M3 12 8 (c). 143-128. 

(d) The receiving agency will notif\' the Fiscal Manag e m e nt 
Office of the Controller of the Department of Environm e nt, 
H e alth, Environment and Natural Resources to make loan or 
grant disbursements. A check in the amount of the disbursement 
authorized by the receiving agency will be written to the loan or 
grant recipient by the Fiscal Manag e m e nt Offic e . Office of the 
Controller. The check will b e forward e d to th e loan or grant 
recipient by th e r e c e iving ag e ncy. 

Authorit}-G.S. 159G-12: 159G-I5. 

SUBCHAPTER IL - STATE CLEAN WATER BOND 
LOAN PROGRAM 

SECTION .0100 - GENERAL ADMINISTRATION 

.0101 PURPOSE 

Loans for wastewater treatment systems, wastewater collection 
systems, water supply systems and water conservation projects 
from the North Carolina Clean Water Bonds Loan Fund 
established by the +W^ S.L. 1998, c. §43. 132, s. 10 shall be 
made in accordance with this Subchapter. 

Authority S.L. 199H. c. 132. s. 10. 

.0102 DEFINITIONS 

In addition to the definitions in S.L. c. 512, s. 3, S.L. 1998. c. 
132 S; 10 the follow ing definitions will apply to this Subchapter: 

(1) "Act" means the North Carolina Education, Clean 
Water, and Parks Bond Act of 1993. 

(2) "Award" means the offer by the receiving agency to 
enter into a loan commitment for a specified amount. 

(3) "Award of contract" means the award by the loan 
recipient to a contractor of a contract to construct the 
project as bid. 

(4) "Bid" means the amount of money for which a 
contractor offers to construct the project. 

(5) "Contingency costs" means unforeseen costs or 
situations not included in the estimate of project costs. 

(6) "Commitment" means a binding agreement to pay 
loan funds in installments to an eligible applicant at 
some future time. 

(7) "Date of completion" means the date on which the 
project has been completed, as determined by the 
receiving agency. 

(8) "Division of Environmental Health" means the 
Division of Environmental Health of the North 
Carolina Department of Environm e nt. — H e alth. 
Environment and Natural Resources. 

(9) "Division of Eny ironmental Management" means the 



1835 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



PROPOSED RULES 



Division of Environm e ntal — Manag e ment Water 
Quality of the North Carolina Department of 
Environment. — H e alth, Environment and Natural 
Resources. 

(10) "Effective date of receipt" means September 30 for 
applications postmarked or hand delivered to the 
principal offices of the receiving agency in Raleigh, 
North Carolina between April 1 and September 30, 
and means March 3 1 for applications postmarked or 
hand delivered to the principal offices of the receiving 
agency in Raleigh, North Carolina between October 1 
and March 3 1 . 

(11) "Fiscal year" means the state fiscal year, beginning on 
July 1 of a calendar year and ending on June 30 of the 
following calendar year. In referring to a specific 
fiscal year the year named is the calendar year in 
which the fiscal year ends. For e.xample. Fiscal Year 
1994 refers to the fiscal year beginning JuK I. 1993 
and ending June 30, 1994. 

(12) "Inspection" means inspection or inspections of a 
project to determine percentage completion of the 
project and compliance with applicable federal, state 
and local laws or rules. 

(13) "Orders" means any restrictive measure, related to the 
operation of its wastewater treamient facilities, issued 
to an applicant for a loan from the wastewater 
accounts under this Subchapter. Such measures may 
be included in, but are not restricted to. Special 
Orders. Special Orders by Consent, Judicial Orders, 
or issued or proposed permits, permit modifications or 
certificates. 

(14) "Project" means the works described in the 
application for a loan under this Subchapter. 

(15) "Priority period" means priority review period of 
January 1 to June 30 and July 1 to December 31 of 
each year 

(16) "Real property" means land and structures affixed to 
the land having the nature of real property or interests 
in land including easements or other rights-of-way 
purchased or acquired for facilities and works to be 
constructed as a part of the project for which a loan is 
made under this Subchapter 

(17) "Receiving agency" means the Division of 
Environmental Health with respect to receipt of 
applications for loans for water supply systems, and 
the Environmental Management Commission and the 
Division of Environmental Management with respect 
to receipt of applications for loans for wastewater 
systems. 

(18) "Regional water supply system" m e ans means: a 
pub l ic water supply sy s t e m of a municipal i ty, county'. 
s anitQPy' di s trict, or oth e r po l itical subdivision of th e 
stat e or combination ther e of which provid e s, is 
int e nd e d to provid e , or is capabl e of providing an 
ad e quat e and s af e supply of wat e r to a substantial 
portion of th e population within a county, or to a 
substantia l wat e r s e rvic e ar e a in a region compos e d of 
all or parts of two or mor e counti e s, or to a 



(19) 



(20) 



(21) 



m e tropolitan ar e a in two or mor e counti e s. 

(a) A public water system that serves two local 
units of govemment, or 

(b) A public water system that demonstrates each 
of the following: 

tU A specific plan to provide drinking 

water throughout the territory of a local 

unit of govemment. except that a 

municipality shall also demonstrate a 

specific plan to provide drinking water 

outside its extraterritorial jurisdiction: 

(ii) Share s water supply facility resources 

with another public water svstem or 

eliminate an acute/imminent, immediate, 

chronic, or potential health hazard as 

described in Rule .0701 (a) through (d) 

of this Subchapter m an area containing 

at least 15 residential units which is not 

served by a public water system: and 

(iii) An interlocal agreement or joint 

resolution to be a part of an 

interconnected regional water system 

within 10 years. 

"R e gional wastewater manag e m e nt authority'" m e ans 

a unit of govemm e nt which ha s juri s dict i on for 

providing th e wast e wat e r tr e ami e nt works for thr e e or 

more units of gov e mment, or which has r e sponsibility' 

within a facilitv planning ar e a to earn, out th e 

op e rat i on and maint e nanc e of a l l publicly owned 

wast e wat e r tr e atm e nt works. "Regional wastewater 

svstem" means a public wastewater collection or 

treatment system of a municipality, county, sanitary 

district, or other political subdivision of the State or 

combination thereof that serves two or more units of 

government. 

"Water Reclamation" means the production of a high 
level treated effluent as a reusable, non-potable water 
source. 

"Water Reuse" means the actual use or application of 
treated wastewater in or on areas which require water 
but do not require potable water quality. 



Aiirhorin-S.L 199^. c. 132. s. 10. 

SECTION .0200 - ELIGIBILITY REQUIREMENTS 

.0203 LIMITATION OF LOANS 

The maximum principal amount of loan commitm e nt mad e to 
any on e local gov e mm e nt unit s hall b e fiv e million dollars 
($5,000,000) for wast e wat e r tr e atm e nt syst e m s and wast e wat e r 
co l lection systems and thr ee mil l ion dollar s ($3,000,000) for 
water supply syst e ms or water cons e rvation projects. 

.iiithorin-S.L. 1998. c. 132. .s. 10. 

SECTION .0300 - APPLICATIONS 

.0303 FILING OF REQUIRED SUPPLEMENTAL 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1836 



»UJJU».MUl.»..-»-..r...- ^...^i.. 



Esammtf 



PROPOSED RULES 



INFORMATION 

(a) An environmental assessment for the proposed project 
must accompan\ the required wastewater faciHty plan. It must 
accompany the water supply facility plan when required by G.S. 
113(a). 

(b) All applicants must submit an Affidavit of Publication of 
the notice of public hearing for the proposed project and a 
summary of the comments received at the hearing. 

(c) An\ application for wastewater facilities not accompanied 
by fmal plans and specifications by the date the receiving agency 
sets the priority rating for a priority review period shall not be 
included in the priority rating for that priority review period. 

(d) Any application for water supply faciliti e s projects must 
be accompanied by a preliminary engineering report. 

(e) Any applicant for water supply projects not demonstrating 
approval of plans and specifications within four months from the 
end of the priority rating period shall be transferred to the next 
priority rating period for consideration unless this review is the 
second review in which case a new application shall be required 
for further consideration. 

fe)(jf) Any application that is not accompanied by an adopted 
resolution stating that the unit of government has complied or 
will comply with all applicable federal, state and local laws or 
rules shall not be included in the priority rating for that priority 
review period. Such resolution shall be certified or attested to 
as a true and correct copy as adopted. 

ffl(") If a public hearing is held on an application by the 
Department of Environment. Health. Environment and Natural 
Resources; the application shall not be included in the priority 
rating unless the hearing process is concluded by the date the 
receiving agency sets the priority rating for the priority review 
period. 

(i^(h) A certification shall be submitted from the local unit 
stating whether a petition for vote was filed within 15 days of 
the applicant's public hearing. 

fh^(i) A certification shall be submitted b\ the local 
government unit stating that it will be in compliance with 
verifiable Minority Business Enterprise goals as stated in G.S. 
1 4 3 128(c). 143-128. 



AuthorinS.L. 1988. c. 131 



10. 



SECTION .0500 - PRIORITY CRITERIA FOR 
WASTEWATER TREATMENT WORKS PROJECTS 

.0501 APPLICABLE CONDITIONS 

Maximum Value - &f 65 points: 
The value of this Rule will be the sum of the points assigned 
under Items ( 1 ). (2). (3) and (4) of this Rule. 

( I ) Proposed project will compK' with established water 
qualilN standards and priority points will be assigned 
on the basis of the classification assigned to the 
receiving waters as follows: 

(a) Class "SA" (Shellfish Waters). Class "WS-1" or 
"WS-ll" (Water Supply Source). Class "ORW" 
(Outstanding Resource Waters), or "HQW" (High 
Quality Waters ). 30 20 points 

(b) Class "WS-lll". "WS-IV". or "WS-V" (Water Supply 



Source) 3*15 points 

(c) Class "B" or "SB" (Bathing Waters) 34 K) points 

(d) Class "C" or "SC" (Fishing) 34 5 points 
(2) Construction of propos e d proj e ct has be e n initiated or 

mu s t b e initiat e d within 12 months to comply with an 
ord e r i s su e d or with a comp l ianc e sch e dul e approv e d 
by th e Environm e ntal Manag e ment Commi s sion, or 
by Judicial Ord e r. Proposed projects will provide for 
a regional wastewater collection or treatment 
system. 40 15 points 

(3-) Propos e d — proj e cts — wiH — provid e — for a — r e gional 
wast e wat e r treatment facility. 10 points 

f4^(3) Proposed project will provide wastewater treatment 
processes for the removal of nutrients or oth e r 
mat e rial s not normally removed by conv e ntional 
tr e atm e nt proc e ss e s, nutrients. 5 points 

(4) Proposed project will result jn a reduction of the 
overall volume of effluent discharged to the state's 
waters by using alternative methods of wastewater 
treatment and disposal. 25 points 

Authority S.L.19H8. c. 132. ,v. 10. 

.0503 FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value~4-0 25 points: 
The value of this Rule will be the sum of the points assigned to 
either Item ( I ) or (2) of this Rule plus the value assigned to 
Items (3) and (4) of this Rule: 

(1) Applicant has adopted an acceptable sewer use 
ordinance which will be placed in effect on or before 
the completion date of the proposed project and has 
established an equitable schedule of fees and charges 
providing that each category' of users shall pay 
substantially its proportional part of the total cost of 
the operation and which ysill provide sufficient 
revenues for the adequate operation, maintenance and 
administration and for reasonable expansion of the 
proj e ct, project; or 6 points 

(2) Applicant is in the process of adopting an acceptable 
sewer use ordinance which yvill be adopted and placed 
in effect on or before the completion date of the 
proposed project and has established an equitable 
schedule of fees and charges providing that each 
category of users shall pay substantial l y its 
proportional part of the total cost of the operation and 
which will provide sufficient revenues for the 
adequate operation, maintenance and administration 
and for reasonable expansion of the project. 2 points 

(3) Applicant has established by resolution of its 
governing body a capital reserve fund into which all 
surplus revenues from such charges and fees y\ ill be 
placed for the purposes specified in G.S. 159G-9(4). 
(Copy of the resolution must be submitted yvith 
application.) 3 4 points a 

(4) The applicant has followed proper accounting and ^ 
fiscal reporting procedures as evidenced by the 
applicant's most recent report of audit and the 



1837 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



applicant is in sub s tantial compliance with provisions 

of the general fiscal control laws of the 

state. 3 J_5 points 

\ The Environmental Management Commission may seek the 

comments of the Secretary of the Local Government 

Commission in determining the values to be assigned to Items 

(3) and (4) of this Rule. 

Authority S.L 1998. c. 132. s. 10. 

SECTION .0600 - PRIORITY CRITERIA FOR 
WASTEWATER COLLECTION SYSTEM PROJECTS 

.0601 PUBLIC NEED 

Select One; Maximum Value-25 points: 

(1 ) Project is intended to improve or expand an existing 
system for which adequate wastewater treatment 
facilities will be provided by: 

(a) a regional wastewater manag e m e nt authority, 
system. 25 points 

(b) the applicant. 20 points 

(2) Project is intended to provide a basic system for a unit 
of government which is not presently served by an 
approved system and adequate wastewater treatment 
will be pro\ided by: 

(a) a regional wastewater manag e m e nt authority. 
system. 20 points 

(b) the applicant. 15 points 

I .AuthormS.L. 1998. c. 132. s. 10. 

.0604 FISCAL RESPONSIBILITY OF THE 
APPLICANT 

Maximum Value~+0 25 points: 

The value of this Rule will be the sum of the points assigned 
to either Item ( I ) or (2) plus the value assigned to Items (3 ) and 

(4) of this Rule: 

( i ) Applicant has adopted an acceptable sewer use 
ordinance which will be placed in effect on or before 
the completion date of the proposed project and has 
established an equitable schedule of fees and charges, 
providing that each category of users shall pay 
substantially its proportional part of the total cost of 
the operation, and which will provide sufficient 
revenues for the adequate operation, maintenance and 
administration and for reasonable expansion of the 
proi e ct. project: or 6 points 

(2) Applicant is in the process of adopting an acceptable 
sewer use ordinance which will be adopted and placed 
in effect on or before the completion date of the 
proposed project and has established an equitable 
schedule of fees and charges, providing that each 
category of users shall pay s ubstantially its 
proportional part of the total cost of the operation and 
which will provide sufficient revenues for the 

' adequate operation, maintenance and administration 

and for reasonable expansion of the project. 2 points 

(3) Applicant has established by resolution of the 



governing body a capital reserve fund into which all 

surplus revenues from such charges and fees will be 

placed for the purposes specified in G.S. 1590-9(4). 

(Copy of the resolution must be submitted with 

application. ) i 4 points 

(4) The applicant has followed proper accounting and 

fiscal reporting procedures, as evidenced b\ the 

applicant's most recent report of audit, and the 

applicant is in s ubstantia l compliance with provisions 

of the general fiscal control laws of the 

state. 3 J_5 points 

The Division of Environmental Management may seek the 

comments of the Secretary of the Local Government 

Commission in determining the values to be assigned to Items 

(3) and (4) of this Rule. 

Authority S.L 1998. c. 132. .v. 10. 

SECTION .0700 - PRIORITY CRITERIA FOR WATER 
SUPPLY SYSTEMS PROJECTS 

.0701 PUBLIC NECESSITY: HEALTH: SAFETY 
AND WELFARE 

Maximum Value— W iQO points: 
(1) System and Service Area Needs: (Maximum 
Points-20) 

(a) The project is intended to increase the source 
of water to meet existing service area needs or 
to alleviate water shortage problems. 1 2 points 

(b) The project is intended to improve an existing 
system with no increase in the area to be 
served. 12 points 

(c) The project is intended to increase the existing 
area to be served without improvement of the 
existing system. 12 points 

(d) The project is intended to increase the existing 
area to be served and includes n ee d e d 
improvements to the existing system. 1 6 points 

(e) The project is intended to s ignificantly increase 
the existing area to be served and includes 
needed improvements to the existing system 
and either is a component of or will create a 
regional water supply system, or is so designed 
a s to p e rmit int e rconnection at an appropriat e 
time — wkh — an — expanding — m e tropolitan, 
ar e a wid e or r e gional syst e m. 20 points 

(f) The project is intended to provide for 
construction of a basic system for an area 
which is not presently served by an approved 
public water supply system and service b\ an 
existing system is not feasible. 20 points 

(34 Public H e alth N ee d (A maximum of 10 points shall b e 

award e d if mor e than on e it e m app lies .). Th e p r o je ct 

is int e nd e d to eli minat e th e fo l lowing h e alth ri s ks: 

(-a4 Contaminant l e v e ls i n drin king wat e r which 

c o n s titut e acut e h e a l th risk s as d e fin e d in 4 

CFR M 1.32(a)( I )(ii i ) which is incorporat e d by 

r e f e r e nce at I5ANCAC 18C .1523. 4 points 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 1838 



PROPOSED RULES 



(^ 






Unreaaonabl e risks to h e alth from contaminant 
level s i n drinldng water as det e rmin e d by th e 
U.S. Environm e ntal Prot e ction Ag e ncy or th e 
Environm e ntal Ep i d e miology S e ct i on of th e 
D e partm e nt of Environm e nt. — H e alth. — an4 
Natural R e sourc e s pursuant to th e Guidanc e in 
D e v e loping H e alth Crit e ria for D e t e nnining 
Unr e a s onable Risk to H e alth a s publish e d by 
#Hi — Offic e — ef — Drinking — Wat e r. — UtSt 



Environm e nta l 



Protection 



Ag e ncy. 

Washington. — &t& 20160 — aftd — h e r e by 

incorporat e d — by — reference — including — arty 

subsequ e nt am e ndm e nts and e d i tion s . — TJws 

mat e rial is available for in s pection at the 

Departm e nt of Environm e nt. — H e alth. — aR4 

Natural R e sourc e s. Division of Environm e ntal 

H e alth. 1330 St. Mary's Str ee t. Ral e igh. North 

Carolina. — Copi e s may be obtain e d from th e 

D e partm e nt of Environm e nt. — H e al t h. — an^ 

Natural R es ourc es . Division of Environm e ntal 

H e a l th. Publ i c Wat e r Supply S e ction. P.O. Box 

19536. Ra le igh. North Carolina 27626 0536 at 

no charge unl e ss subsequ e nt editions e xc ee d 

1 00 pag e s. 35 point s 

Contaminant l e v e l s in drinking wat e r oth e r 

than tho se which constitut e acut e health risks 

d e scrib e d in Sub it e m (2)(a) of this 

Rul e . 30 points 

Inad e quat e t re atm e nt to r e mov e or abat e 

contaminant l e v e ls in drinking wat e r30 points 

Insuffici e nt wat e r for drinking or for s e wag e 

d is posal purpo se s or inad e quat e wat e r pr e ssur e 

te — pr e v e nt contaminant l e v e ls in drinking 

wat e r. 20 point s 

Notwith s tanding other provisions r e lating to 

th e assignm e nt of priority point valu e s for 

variou s cat e gorical e l e m e nts and it e ms, th e 

Division of Environmental H e alth may award 

a high e r prioritx valu e to an e ligibl e application 

if th e propos e d proj e ct is r e quir e d to e liminat e 

a d e mon s trat e d or critical hazard to th e public 

h e alth. 

(2) Public health and compliance points may be awarded 

to a project based on the following criteria . A 

proposed project shall be necessary to facilitate 

compliance with the N.C. Drinking W'ater Ac t or the 

federal Safe Drinking Water Act and to alleviate the 

type of public health concern for which points are 

awarded. A project shall receive only points in the 

highest sub-category for which jt may guajjjyi 

(a) Acute Immine nt Health Hazards. A maximum 

of 60 points shall be ayvarded to projects that 

propose to eliminate any one or more of the 

following acute, ongoing health hazards to the 

consumer: 

(i) Projects that address documented 

nitrate, nitrite or fecal col i form MCL 

violations, or contaminant levels in 



drinking yvater yvhich constitute acute 

health risks as defined in 40 C.ER 

141.32(a)( 1 )(iii) which js incorporated 

by reference at 15A NCAC 18C .1523; 

or 

(ii) Projects that eliminate anv contaminant 

in the public water system that poses an 

acute risk or imminent hazard to public 

health as determined by the State Health 

Director or a health risk assessment 

from the Division of Epidemiology. 

Department of Health and Human 

Services in accordance with G.S. 130A- 

2(31 

(b) Immediate Health Hazards. A maximum of 40 

points shall be awarded to projects that p ropose 

to eliminate any one or more of the following 

immediate health hazards to the consumer: 

(T) Projects that address surface yvater 

treatment technique violations occurring 

for two or more consecutive months; 

Projects that resolve any 



mj 



(iii) 



microbiological MCL problems for a 
water system with three or more 
microbiological MCL violations during 
the previous 12 months; 
Projects that propose filtration for a 
surface yvater source or for a well that is 



detennined to be under 
influence of surface 



the direct 

yyater bv the 



Department that does not currently have 
filtration; 

(iv) Projects that address the inability of a 
public yvater sy stem to inactivate giardia 
and viruses jn accordance yvith 15A 
NCAC 18C.2001; or 

(v) Projects that address documented 
recurrent yvater outages or loyy pressure 
beloyy the requirements of 15A NCAC 
18C .0901. Only problems that affect 
human consumption of drinking yvater 
shall be considered for award of points 
under this criteria, 
(c) Chronic Health Hazards. A maximum of 24 

points shall be awarded to projects that propose 

to eliminate any one or more of the following 

chronic health hazards to the consumer: 
(ij Projects that address exceedances of the 
lead and copper action levels under 15A 
NCAC 18C .1507; 

(ii) Projects that address violations of 
inorganic or organic chemical or 
contaminant MCLs under 15A NCAC 
18C.1510. .1517. and.1518; 

(iii) Projects that address violations of 
radiological contamination MCLs under 
15A NCAC I8C .1520 and . 1 52 1 ; or 

(iv) Projects that address a chronic health 



1839 



NORTH CAROLINA REGISTER 



May 14. 1999 



13:22 



PROPOSED RULES 



hazard as determined by the State 
Health Director or a health risk 
assessment from the Division of 
Epidemiology. Department of Health 
and Human Services. 

(d) Potential Health Hazards. A maximum of 16 
points shall be awarded to projects that propose 
to eliminate any one or more of following 
potential health hazards to the consumer: 

£]J Projects that address low chlorine 
residuals in the distribution system; 

(ii) Projects that address periodic violations 
of an MCL; 

(iii) Projects for line installation or 
extensions to areas with poor water 
quality or limited quantirv: 

(iv) Projects to develop new sources of 
water, to augment existing sources, or to 
expand treatment capacity' to meet 
current demand when the average daily 
demand for the previous 12 months 
equals or exceeds the available water 
supply as calculated jn local water 
supply plans prepared in accordance 
with G.S. 143-355(1) or the maximum 
day demand for the previous 12 months 
equals ot exceeds the approved water 
treatment plant design capacity^ or 

(v) Projects to provide disinfection for a 
system that currently does not have 
disinfection. 

(e) S\'stem Improvements. A maximum of 8 
points shall be awarded for projects that shall 
provide any one or more of the following 
general system improvements when needed for 
public health purposes: 

(]] Projects that replace water supply 
production or treatment equipment that 
is undersized, malfunctioning or has 
exceeded its useful life: 



01] 
till} 

m 



Projects that replace undersized or 

leaking water lines; 

Projects that address other water quality 

concerns such as iron, manganese, taste. 

and odor; 

Projects to bring existing facilities to 

cun'ent design standards which affect 

water quality such as treatment. 

chemical storage and application. 

pumping facilities, finished storage. 

distribution systems; 



tyil 
(vii) 



Projects that eliminate dead ends and 

provide looping in a distribution system; 

Projects that increase water storage 

capacity; 

Projects to develop new sources of 

water, to augment existing sources, or to 

expand treatment capacin to meet 



current demand yvhen the average daily- 
demand for the previous 12 months 
exceeds 80 percent ot" the available 
water supply as calculated in local water 
suppK plans prepared in accordance 
with G.S. 143-355(1) or the maximum 
day demand for the previous 12 months 
exceeds 80 percent of the approved 
water treatment plant design capacity; or 
(viii) Projects for installation or upgrade ot' 
water treatment plant waste disposal 
facilities. 
(3) Capacity for Future Growth (Select One) - (Maximum 
Points --20): 

(a) The project is intended to provide for the 
. immediate needs. 6 points 

(b) The project is intended to provide for the 
reasonable growth needs of the area during the 
next 5 to 20 year planning period. 10 points 

(c) The project is a proposed regional system or a 
major component of a regional system which is 
intended to provide for the reasonable growth 
needs of the area to be served during the next 
20 or more years. 20 points 

Authority S.L. 1998. c. 132. s. 10. 

SECTION .0800 - CRITERIA FOR WATER 
CONSERVATION 

.0801 PLANNING AND WATER CONSERVATION 

Maximum value - 80 points: 
(a) Applicant may receive a maximum of 1 5 bonus points 
for meeting the following criteria as applicable: 

( 1 ) Applicant demonstrates it has a continuing 1/1 
program in its wastewater sewer maintenance 
program. (Wastewater Projects 

Only) 5 points 

(2) Applicant demonstrates it has a continuing 
water loss program in its water supply system 
program. (Water Supply Projects 

Only) 5 points 

(3) Applicant demonstrates jt has a continuing 
program of water conservation education and 
information. 5 points 

(4) Applicant demonstrates it has established a 
water conservation incentive rate structure; 
created incentives for new or replacement 
installation of low flow faucets, shower heads, 
and toilets; or has a water reclamation or reuse 
system. 5 points 

(b) Applicant may also receive a maximum of 25 bonus 
points for meeting the following criteria: 

( ]) Applicant demonstrates that jt has adopted a 
comprehensive land-use plan that meets the 
requirements of G.S. 155H. Article 18 or G.S. 
160A. Article 19. or applicant js a local 



govemment unit that is not authorized to adopt 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1840 



E^U^ttSS 



PROPOSED RULES 



isl 



tdj 



iH 



01 



a comprehensive land-use plan but that is 
located m whole or jn part jn another local 
izovemment unit that has adopted a 
comprehensive land-use plan, and that the 
proposed project is consistent with the 
plan. 7 points 

Applicant demonstrates that the comprehensive 
land-use plan exceeds the minimum state 
standards for the protection of water 
resources. 8 points 

Applicant demonstrates that actions have been 
taken toward implementation of the 
comprehensive land-use plan. These actions 
may include the adoption of a zoning ordinance 
or any other measure that significantly 
contributes to the implementation of the 
comprehensive land-use plan. 10 points 

Applicant may receive a maximum of 20 bonus points 

for the following criteria: 

( 1 ) Applicant has developed a capital improvement 
plan as defined in Session Laws 1998. Chapter 

132. 15 points 

(2) Proposed project is consistent with the water 
supply watershed protection requirements of 
G.S. 143-214.5. 5 points 

Applicant may receive a maximum of 20 bonus points 

for the follovsing criteria: 

( I ) Applicant demonstrates voluntary water supply 
watershed protection activities in excess of the 
minimum requirements of 
G.S. 143-214.5, or 1 5 points 

Applicant demonstrates it has developed a 
voluntary wellhead protection program, 
or 15 points 

Applicant demonstrates \x has both 



(2) 



(3j 



Subparagraphs ( I ) and (2) of this 
Paragraph. 



20 points 



Aulhorin'S.L 1998. c. 132. s. 10. 



SECTION .0900 - PRIORITIES 

.0902 ASSIGNMENT OWASTEWATER 
APPLICATIONS 

(a) Applications for loans for wastewater projects will be 
assigned a category as follows, during review of the 
applications: 

(I ) All applications for projects that are under orders er 
proj e cts whose r e c ei ving waters have been designat e d 
Nutri e nt S e nsitive Wat e r s by th e Environm e ntal 
Manag e m e nt Commission or whos e r e c e iving wat e rs 
hav e b ee n id e ntitl e d as wat e r qua l ity impair e d or 
lim i t e d in th e most curr e nt basin wid e wat e r qualit\' 
manag e m e nt r e port , under moratorium, at or above 
80° o of permitted capacity during the previous 
calendar year, experiencing excessive 

infiltration/inflow, or that would qualify for an 
Emergency Loan under Section .0204 of these Rules. 



and that have submitted final project plans and 
specifications for review and approval by the 
receiving agency, shall be placed in Category I. 

(2) All oth e r application s shall b e plac e d in Cat e gory 2. 
All applications for projects that are under orders, 
under moratorium, at or above 80% permitted 
capacity during the previous calendar year, 
experiencing excessive infiltration/inflow, or that 
would qualify' for an Emergency Loan under Rule 
.0204 of these Rules that have not submitted final 
project plans and specifications for review and 
approval by the receiving agency shall be placed in 
Category 2. 

(3) All applications for projects for expanding 
infrastructure primarily to support additional 
development and that have submitted final project 
plans and specifications for review and approval by 
the receiving agency, shall be placed in Category 3. 

(4) All applications for projects for expanding 
infrastructure primarily to support additional 
development that have not submitted final project 
plans and specifications for review and approval by 
the receiving agency shall be placed in Category 4. 

(b) All applications in Category 1 for a specific wastewater 
account will be funded before applications in Category 3t 2 in 
the same account. All applications in Category 2 for a specific 
wastewater account will be funded before applications jn 
Category 3 in the same account. All applications in Category 3 
will be funded before applications in Category 4 jn thie same 
account. 

.Aiahonty S.L 1998. c. 132. .s. 10. 

SECTION .1000- LOAN AWARD, COMMITIVIENT, 
AND DISBURSEMENT 

.1003 CRITERIA FOR LOAN ADJUSTMENTS 

Upon receipt of bids, a loan commitment for water supply 
projects may be adjusted as follows: 

( 1 ) The loan commitment may be decreased, provided the 
project cost as bid is less than the estimated project 
cost, and the receiving agency approves the loan 
commitment decrease. 

(2) Loan commitments may be increased, by a maximum 
of ten percent o r thr ee hundr e d thousand dollars 
($300,000.00) provided: the project cost as bid is 
greater than the estimated project cost; the project as 
bid is in accordance with the project for which the 
loan commitment was made: the receiving agency has 
reviewed the bids and determined that substantial cost 
savings would not be available through project 
revisions without jeopardizing the integrity of the 
project: and adequate funds are available. 

(3) Increases greater than 10 percent of the loan 
commitment shall be approved by the receiving 
agency and the Local Government Commission. 



.Aiithorin-S.L. 1998. c. 132 



10. 



1H4I 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



.1004 DISBURSEMENT OF LOANS 

(a) Disbursement of loan monies sliail be made at intervals as 
work progresses and expenses are incurred. No disbursement 
shall be made until the receiving agency receives documentation 
of incurred costs. At no time shall disbursement exceed the 
allowable costs which have been incurred at that time. 

(b) Project inspection will confirm work progress, and a final 
inspection is required prior to the final disbursement of loan 
monies. 

(c) No disbursement shall be made until the receiving agency 
receives documentation of compliance with the verifiable 
percentage goal for participation by minorit> businesses in 
accordance with G.S. 143-128(c). 

(d) The receiving agency will notify the Fiscal Manag e m e nt 
Office of the Controller of the Department of Environm e nt. 
H e alth, Environment and Natural Resources to make loan 
disbursements. A check in the amount of the disbursement 
authorized by the receiving agency will be written to the 
recipient by the Fiscal Manag e m e nt Offic e . Office of the 
Controller . Th e check will b e forward e d to th e r e cipi e nt by th e 
receiving agency. 

Authohn- S.L 1998. c. 132. s. 10. 



Notice i.s hereby given In accordance with G.S. 150B-21.2 
that the North Carolina Wildlife Resources Commission 
Intends to amend the rule cited as 15.4 NCAC lOB .0115. Notice 
of Rule-making Proceedings was published In the Register on 
March 15. 1999. 

Proposed Effecti\e Date: July 1. 2000 

A Public Hearing will be conducted at 7:00p.m. on June 15. 
1999 at the Avery County Board of Commissioners Meeting 
Room, r 5 Llnvlile Street. Newland NC 28657. 

Reason for Proposed Action: To set/amend the rules for 
shining lights In deer areas which are necessary to manage and 
consen'e the resource. The If Hdlife Resources Commission men' 
adopt this as a temporary rule pursuant to G.S. 150B-21. Ifal) 
following the abbreviated notice as indicated in the Notice of 
Rule-making Proceedings or following the public hearing and 
public comment period as indicated In this notice. 

Comment Procedures: Interested persons may present their 
vievi's either orally or in writing at the hearing. In addition, the 
record of hearing Mill be open for receipt of written comments 
from May 14. 1999 to June 23, 1999. Such written comments 
must be delivered or mailed to the North Carolina Wildlife 
Resources Commission. 5 1 2 North SallsbuiT Stivet. Raleigh. NC 
27604-1188. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds and does not have 



a substantial economic Impact of at least five million dollars 
(S5.000.000) in a 12-month period 

SUBCHAPTER lOB - HUNTING AND TRAPPING 

SECTION .0100 - GENERAL REGULATIONS 

.0115 SHINING LIGHTS IN DEER AREAS 

(a) It having been found upon sufficient evidence that certain 
areas frequented by deer are subject to substantial unlawful night 
deer hunting, or that residents in such areas have been greath 
inconvenienced by persons shining lights on deer, or both, the 
shining of lights on deer in such areas is limited by Paragraphs 
(b) and (c) of this Rule, subject to the exceptions contained in 
Paragraph (d) of this Rule. 

(b) No person shall, between the hours of 1 1:00 p.m. and 
one-half hour before sunrise, intentionally shine a light upon a 
deer or intentionalK' sweep a light in search of deer in the 
indicated portions of the following counties: 

( 1 ) Beaufort — entire county; 

(2 ) Bladen ~ entire county: 

(3 ) Brunswick - entire counfy; 

(4) Camden -- entire county; 

(5) Chowan -- entire county; 

(6) Currituck - entire county; 

(7) Duplin - entire county: 

( 8 ) Franklin ~ entire county; 

(9) Gates -- entire county; 

(10) Greene - entire county; 

(11) Hertford ~ entire county; 

(12) Hyde -- entire county; 

(13) Jones -- entire count)'; 

(14) Lenoir -- entire count)'; 

(15) Martin - entire county; 

(16) Nash -- entire county; 

( 1 7) Pamlico -- entire county; 

(18) Pasquotank -- entire county; 

(19) Pender -- entire count)'; 

(20) Perquimans -- entire count)'; 

(21) Pitt - entire county; 

(22) Sampson -- entire county; 

(23 ) Tyrrell -- entire county; 

(24) Vance -- entire county; 

(25) Wake -- entire county; 

(26) Warren -- entire county; 

(27) Washington -- entire count)'; 

(28) Wayne - entire count)'. 

(c) No person shall, benveen the hours of one-half hour after 
sunset and one-half hour before sunrise, intentionally shine a 
light upon a deer or intentionally sweep a light in search of deer 
in the indicated portions of the following counties: 

(1) Alamance " entire county; 

(2) Alexander — entire county; 

(3) Alleghany - entire county; 

(4) Anson - entire county; 

(5) Ashe - entire county'; 

(6) Aven, - that portion south and east of Highway 22 1 ; 
entire countv; 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1842 



BBBBBBa^B^^ 



"~°°~-" "'"■•■"■'"" 



PROPOSED RULES 



(7) Buncombe County — entire county; 

( 8 ) Burke — entire county; 

(9) Cabarrus -- entire county; 

10) Caswell ~ entire county; 

1 1 ) Catawba ~ entire county; 

12) Chatham - entire county; 

13) Clay — entire county; 

14) Cleveland - entire county; 

15) Cumberland -- entire county; 

16) Davidson -- entire county; 

1 7) Davie — entire county; 

1 8) Durham ~ entire county; 

19) Edgecombe -- entire county; 

20) Forsyth County - entire county; 

2 1 ) Gaston -- entire county; 

22) Granville - entire county; 

23) Guilford — entire county; 

24) Halifax - entire county; 

25) Harnett - entire county; 

26) Henderson ~ entire county; 

27) Hoke — entire county; 

28) Iredell — entire county; 

29) Johnston -- entire county; 

30) Lee — entire count\'; 

31) Lincoln — entire county; 

32) Macon — entire counr\; 

33) McDowell -- entire county; 

34) Mecklenburg ~ entire county; 

35) Mitchell -- entire county; 

36) Montgomer)' -- entire county; 

37) Northampton -- entire county; 

38) Orange Counts -- entire county; 

39) Person -- entire county; 

40) Polk — entire county; 
4 ! ) Randolph — entire county; 

42) Robeson Count) -- entire county; 

43) Rockingham ~ entire county; 

44) Rowan — entire countv; 

45) Rutherford -- entire county; 

46) Stanly — entire county; 

47) Stokes — entire county; 

48) Surry — entire county; 

49) Swain — entire county; 

50) Transylvania -- entire county; 
5 1 ) Union — entire counts ; 

52) Watauga -- entire county; 

53) Yance\ - entire county. 

(d) Paragraphs (b) and (c) of this Rule shall not be construed 
to prevent: 



(1) 

(2) 
(3) 
(4) 



the lawful hunting of raccoon or opossum during open 

season with artitlcial lights designed or commonK 

used in taking raccoon and opossum at night; 

the necessan. shining of lights b\ landholders on their 

own lands; 

the shining of lights necessary 'o normal travel b\ 

motor vehicles on roads or highways; or 

the use of lights by campers and others who are 

legitimately in such areas for other reasons and who 



are not attempting to attract or to immobilize deer by 
the use of lights. 

AiithohtyG.S. 113-134: 113-291.1:8.1. 1981. c. 410; 81. 1981 
(Second Se.'ision 1982). c. 1180. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the N.C. Department of Transportation - Division of 
Motor Vehicles intends to amend the rules cited as 19A NCAC 
31.0207. .030-1-.0302. .0307. .0401-.0402, .0501. .0601. .OWl. 
. 0804. Notice of Rule-making Proceedings was published in the 
Register on Februaiy 15. 1999. 

Proposed Effecti\e Date: August 1. 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): A demand for a 
public hearing must be made in writing and mailed to Emily 
Lee. N.C. Department of Transportation. PO Box 25201. 
Raleigh. NC 27611. The demand must be received within 15 
days of this Notice. 

Reason for Proposed Action: Rules are proposed for 
amendment to reflect current trends in commercial driver 
training schools. Commercial schools which originally taught 
adult driver training now contract Mith local school boards to ^ 
teach beginning drivers. Proposed amendments will bring the % 
DM I' rules into compliance with the Stale Board of Education 
driver training rules. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rides by mailing the 
comments to Emily Lee. N.C. Department of Transportation. PO 
Box 25201. Raleigh. NC 27611 within 30 days after the 
proposed rules are published or until the date of any public 
hearing held on the proposed rules, whichever is longer 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds and do not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period 

SUBCHAPTER 31 - RULES AND REGULATIONS 

GOVERNING THE LICENSING OF COMMECIAL 

DRIVER TRAINING SCHOOLS AND INSTRUCTIONS 

SECTION .0200 - REQUIREMENTS AND 

APPLICATIONS FOR COMMERCIAL DRIVER 

TRAINING SCHOOLS 

.0207 BRANCH OFFICES 

Any school desiring to open a branch shall make application 
for such branch on fomis furnished b\ the Division in the same 
manner and to the same extent as for an original license. A 



1843 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



PROPOSED RULES 



commercial driver training school may operate a branch office 
anv-where in the state provided provid e d: 

fH Ttw the branch meets all the requirements of the 

principal place of business, busin e ss; and 
(5) Th e branch is prop e rly id e ntifi e d as a "branch offic e " 
by a permanent sign which indicat e s th e location of 
the principal plac e of business and which is visibl e to 
th e general public. 

Authority' G.S. 20-322 through 20-524. 

SECTION .0300 - SCHOOL LOCATION: PHYSICAL 
FACILITIES: AND COURSE OF INSTRUCTION 

.0301 GENERAL PROVISIONS 

Every school shall maintain a principal plac e of business 
office open to the public in a permanent-type building. Schools 
or branches may not be located within or adjacent to a building 
in which applications for driver licenses are received by the 
Division; and no business may be solicited on property occupied 
by or adjacent to a building in which applications for driver's 
licenses are received by the Division. 

Authority G.S. 20-322 through 20-324. 

.0302 OFFICE 

The office shall be the principal place of business, in the same 
location a s but physically s e parat e d from th e classroom facility. 
anc list be sufficient for conducting all business related to the 
operation of the school including, but not limited to: 

( 1 ) facilities for conducting personal interviews; 

(2 ) storage of all records required for the operation of the 
school; 

(3) secretarial or telephone answering service available 
for a minimum of six hours between 9:00 a.m. and 
5:00 p.m. on normal business days; 

(4) a copy of North Carolina Motor Vehicle Laws 
Chapter 20 of the General Statutes; and Statut e s. 

(5) if located in conjunction with classroom facilities, 
office must be separated by a physical barrier. 

.Author it}- G.S. 20-322 through 20-324. 

.0307 COURSES OF INSTRUCTION 

Commercial driver training schools are authorized to teach the 
following courses: 

(1) For unlicensed persons 18 _\ears of age or older, a 
course as follows: 

(a) Classroom Instruction. A minimum of six 
hours, including (but not limited to) rules of the 
road and other laws affecting the operation of 
motor vehicles, safe driving practices, 
pedestrian safety. and the general 
responsibilities of the driver. No class may 
consist of more than 50 students. Classroom 
work shall be limited to no more than six hours 
per day. 

(b) Behind-the-Wheel Instruction. A minimum of 



six hours, including instruction and practice in 
all the basic physical skills necessary for 
proper control of a motor vehicle in all normal 
driving situations, such as starting, stopping, 
steering and turning, controlling the vehicle in 
traffic, backing, and parking. A valid learner's 
permit issued by the Driver License Section of 
the Division is required. 

(c) A person holding a valid learner's permit issued 
by the Driver License Section of the Division 
shall not be required to take the six hours of 
classroom instruction set forth in Sub-item 
(l)(a) of this Rule. 

(d) A person holding a valid learner's permit or 
driver's license issued by the Driver License 
Section of the Division may contract for any 
portion of the six-hour behind-the-wheel 
instruction. 

(2) For licensed persons a course for purposes of driver 
improvement, such as improving their knowledge and 
skill in the operation of a motor vehicle. 

(3) For unlicensed persons under the age of 18 years, a 
course which must be approved by the Commissioner 
and the State Superintendent of Public Instruction as 
follows: 

(a) Classroom Instruction shall not include 
workbook assignments or other work out of the 
presence of an instructor. An instructor or 
emplovee of a commercial driver education 
school shall not administer a proficiency test. 
No class may consist of more than 50 students. 
Classroom work shall be limited to no more 
than three hours per day on school days and six 
hours per day on non-school days. A minimum 
of 30 hours shall be taught, consisting of 
instruction in: 
(i) highway transportation: its social and 

economic influences upon life in 

America; 
(ii) drivers: their physical and mental 

characteristics and how their capabilities 

and limitations influence the traffic 

scene; 
(iii) the automobile: its construction, 

maintenance, and safe operation; 
(iv) traffic law and enforcement: laws of 

nature and man-made laws; and their 

relationship to traffic safety; 
(v) pedestrians and bicycles: their influence 

upon the traffic scene; 
(vi) engineering: its influence upon 

automobiles, highways, traffic controls, 

and people; 
(vii) driving while impaired; six hours of 

instruction on the effects of drinking 

upon driving and upon accident and 

death rates; and 
(viii) rights and privileges of handicapped 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1844 



m^]U\'mKM^Jl^mlnJaIllMMmul^m^M.^.l^.v^^nu^^-.^-.^^''^^<>^<^•^>•'^^^'<^^^^ .u.i ..^ 



PROPOSED RULES 



persons; their rights to use flags. 
placards, cards, license plates, and 
parking places. 

(b) Behind-the- Wheel Instruction. A minimum of 
six hours, actually under the wheel, including: 

(i) familiarization with the automobile; the 
use of its controls; and the de\elopment 
of skills essential to safe operation in 
traffic; afhd 
(ii) drixing in traffic with the instructor in a 
dual control car to develop abilities 
needed to follow the soundest course of 
action in responding to complex 
s ituations, situations; and 
(iii) simulators ma\ not be substituted for 
any part of the six hours of behind-the- 
wheel instruction. 

(c) Restrictions: 

(i) Behind-the-Wheel instruction shall be 
offered to a student only after he has 
completed the classwork section. If a 
student has contracted for both 
classwork and behind-the-wheel 
training, behind-the-wheel training may 
begin after classwork starts and before 
classwork has been completed. At no 
time shall a student be taken out of class 
to attend behind-the-wheel training. 

(ii) No student shall operate a motor vehicle 
upon any public street or highway 
unless such student shall have in his 
immediate possession a valid Restricted 
Instruction Pennit issued by the 
Division. 

(iii) No more than thr ee two hours of 
behind-the-wheel training shall be given 
in any one dav. A written record 
indicating the date and time of this 
training shall be kept on file for each 
student. The record must be signed b\ 
the student in ink after each driving 
session, and shall not include an\ hours 
of observation of other students, i.e. 
mere presence in the car while someone 
else is driving. 

(iv) Whether private, or a contract with a 
school s\stem. an instructor max not 
provide behind-the-wheel training to 
more than three individuals. If 
transporting more than three individual 
students the instructor shall operate the 
vehicle. 

(d) Other requirements: 

(i) Plans for the content of the curriculum, 
its organization, and presentation shall 
be submitted on Form SBTS-6 1 for the 
approval of the Commissioner and the 
State Superintendent of Public 



Instruction. In addition, lesson plans for 
each of the 30 hours must be submitted. 

(ii) Textbooks for use in the classwork 
section shall be chosen from those 
approved by the State Superintendent of 
Public Instruction. 

(iii) Instructors must be approved by both 
the Commissioner and the State 
Superintendent of Public Instruction. 

(iv) All expenses incurred in offering and 
teaching these courses shall be paid by 
the persons enrolled therein or the 
school offering the course. 

(v) A student may enroll for either the 
classroom work or behind-the-wheel 
instruction, or both. A school may 
accept certification of completion of 
classroom instruction from any school 
authorized to offer such a course, 
provided the certificate (Form 
SBTS-6 1 1 A) is signed b\' the principal 
of the public school, or the 
superintendent of the administrative unit 
of which it is a part, or the executive 
officer of a non-public secondary 
school. All SBTS-61 lA forms shall be 
mailed or taken directlv to the high 
school for completion by the 
commercial school owner or instructor. 
Under no circumstances shall the form 
be given to the student. 

(vi) Schools offering this course shall issue 
to their students upon completion of 
either or both parts of the course a 
certificate furnished b\ the Division 
(Form SBTS-61 1). this certificate 
verifies onh the fraining taught b\ the 
commercial school. The student's name 
on this certificate must be as it appears 
on his birth certificate. Schools shall be 
accountable to the Division for all 
certificates issued to them, 
(vii) The student, upon submitting 
certification of satisfactory completion 
of both parts of the driver education 
course, shall be eligible for licensing as 
provided by law. Such certification may 
be from either or both a public or 
non-public secondary school or a 
commercial driver training school, 
(viii) Schools shall submit reports to the 
Division, as may be required by the 
Division; and their books and records 
shall be open to inspection b> Division 
representatives at all reasonable times, 
(e) A person completing the 30 and six hour 

course who desires additional training may 

contract for any portion o\' the six-hour 



1845 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



PROPOSED RULES 



behind-the-wheel instruction. 

(4) For licensed persons taking a course offered by a 
restricted commercial driver training school, the 
following courses are authorized: 

(a) curriculum for evaluation and improvement for 
licensed adult drivers only, utilizing 
over-the-road observation in vehicles not 
owned by the school or equipment such as 
driving simulators; 

(b) professional curricula, including one or more 
of the following: 

(i) police pursuit driving; 

(ii) auto-cross driving; 
(iii) emergency-vehicle driving; or 
(iv) road and track racing. 

(5) Instructor training program, the requirements for 
which are: 

(a) the school must be licensed one full year prior 
to approval; 

(b) all work must be with an instructor licensed as 
an Instructor Trainer; 

(c) a proposed plan of operation must be submitted 
to the Division outlining the training schedule, 
including instruction in: 

(i) using effective teaching methods, 
(ii) writing lesson plans, 
(iii) reviewing of Rules Governing the 

Licensing of Commercial Driver 

Training Schools and Instructors, 
(iv) using audio visual equipment and 

teaching aids, 
(v) filling out fully and properly all 

commercial school forms, and 
(vi) listing names of Instructor Trainers to 

be employed for the training program. 

Authority G.S. 20-322 through 20-324. 

SECTION .0400 - MOTOR VEHICLES USED IN 
INSTRUCTION 

.0401 VEHICLE EQUIPMENT 

Behind-the-wheel instruction of students in commercial driver 
training schools shall be conducted in motor vehicles owned or 
leased by the school. All vehicles used for the purpose of 
demonstration and practice shall: 
( 1 ) be equipped with: 

(a) dual controls on the foot brake; 

(b) dual controls on the clutch, if the vehicle is 
equipped with a clutch and manual 
transmission; 

(c) seatbelts for both the instructor and the 
students which shall be worn by the instructor 
and students while the vehicle is being used for 
instructional purposes; 

(d) an outside rearview mirror mounted on the 
right side of the vehicle; 

(e) a heater and defroster in working condition; 



(0 all other equipment required by Chapter 20 of 

the North Carolina General Statutes; 
(g) cushions for short drivers; 
(h) seat adjustments which allow the seat to move 

easily and smoothly and to be secured; 
(i) door locks which operate and have no sharp 
knobs; 
(2) bear a conspicuously displayed sign with wording to 
alert the general public of a th e word s "Student 
Driver," Driver" in l e tt e rs not l e ss than thr ee inchoG 
in h e ight, and the nam e and location of the school in 
l e tt e rs not l e ss than one and on e ha l f inch es in h e ight. 
name and phone number of commercial driver 
education school, or school svstem, with whom the 
contract is established. The required wording must be 
visible from both the front and rear of the vehicle. 

Authority' G.S. 20-322 through 20-324. 

.0402 REGISTRATION: INSURANCE: INSPECTION 

(a) Each vehicle used by the school shall be registered as 
required by Chapter 20 of the General Statutes of North 
Carolina, and bear a current inspection certificate. 

(b) Each vehicle used by the school shall be insured by a 
company licensed to do business in North Carolina against 
liability in the amount of at least tw e nty tlfty thousand dollars 
($20,000) (S50,00Q) because of injury to or destruction of 
property of others in any one accident, frfty one hundred 
thousand dollars ($50,000) ($100,000) because of bodily injury 
to or death of one person in anv one accident, and ene three 
hundred thousand dollars ($100,000 ) ($300,000) because of 
bodily injury to or death of two or more persons in any one 
accident. This insurance coverage shall be secured on an annual 
basis. In the event coverage for any vehicle used for driver 
instruction or training shall not be renewed, the school shall give 
written notice to the Division at least 10 days prior to the 
expiration date of the coverage. A certificate of insurance 
coverage shall be filed bv' the insurance underwriter with the 
Division. Cancellation shall be accomplished upon 15 days prior 
written notice to the Division by the insurance underwriter. 

(c) Each vehicle used by a school shall be listed and inspected 
in the manner prescribed on Form SBTS-605. In addition, each 
vehicle shall be inspected and approved by a representative of 
the Division before it is used. Each vehicle shall be inspected 
and approved by a representative of the Division annually and at 
any other reasonable time as indicated by the circumstances. 

Authorit}- G.S. 20-321 through 20-324. 

SECTION .0500 - REQUIREMENTS AND 

APPLICATIONS FOR DRIVER TRAINING 

INSTRUCTOR 

.0501 REQUIREMENTS 

(a) Each instructor of a commercial driver training school or 
branch shall: 

(1 ) have at least four years of experience as a licensed 
operator of a motor vehicle; 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1846 



ssi^sm^^s^sai^BBS 



PROPOSED RULES 



(2) not have been convicted of a felony, or convicted of 
a misdemeanor involving moral turpitude, in the ten 
years immediately preceding the date of application; 

(3) not have had a revocation or suspension of his driver's 
license in the five years immediately preceding the 
date of application; 

(4) have graduated from high school or hold a high 
school equivalency certificate; 

(5) not have had convictions for moving violations 
totaling five or more points in the three years 
preceding the date of application; 

(6) have completed the 80-contact-hour, community- 
college course for driver education teachers; an 
equivalent course approved by the commissioner, or 
an Instructor Training Program conducted by an 
approved Commercial Driver Training School within 
four years prior to application; 

(7) successfully complete the written test administered by 
a Driver Education Specialist: (Allowed only one 
retest) 

(8) successfulK complete the Miller Road Test given by 
a Driver Education Specialist: (Allowed only one 
retest) 

(9) be issued an instructor's learning permit, valid for 
giv e n a three month probationary' period; probation 
p e riod wtfH e va l uat e d a n d r e commend e d by a Driv e r 
Education Sp e cial i st: 

(10) submit a criminal background check from the Clerk of 
Court for each county of residence for the past 1 
\ e ars. years; 

(11) be observed, evaluated, and recommended by a Driver 
Education Specialist within the three month 
probationar\ period: 

( 12) be exempt from the 80-contact-hour basic course. 
Miller Road Test, and the probationary period if the 
applicant js an accredited driver education teacher 
with a current certificate based on the requirements of 
the Department of Public Instruction and if he or she 
successfulK completes the written Commercial Driver 
Education exam with a score of 80 or above, and if 
the test is administered by a Dri\er Education 
Specialist. The applicant is allowed only one retest. 

(b) An applicant may apply for An applicant will be issued an 
instructor's learner's permit which would will be valid for three 
months. To be eligible for an instructor's learner's permit, the 
applicant shall meet requirements in Paragraph (a)( I ) through 
(i)i (10) and shall: 

(1) submit an Instructor Application with a n ei ght a 
sixteen dollar {%9Jm ($1 6.00 ) application fee, copy 
of high school diploma or high school equivalency 
certificate, and physical examination fonn; 

(2) successful In compl e t e conduct two 40 hours of 
classroom instruction within the three-month 
probationary period, while beina observed and 
evaluated bv a Driver Education Specialist, rf the 
instructor wants to be licensed as a classroom 
instructor, cla ss vvork as a stud e nt at an approv e d 
comm e rcial driver tra i ning s chool to consi s t of 



(A) i% — hours — ifi — the — basic — driv e r — e ducation 
classvvork; 

{%) an additiona l 10 hours in practic e t e aching, 
writing l ess on plana, r e viewing th e rul e s of this 
Subchapt e r, us e of audio visual e quipm e nt and 
t e aching — aids — and — familiarization — w4th 
comm e rcial school form s ; 

(3) successfully compl e t e six conduct tyvo hours of 
behind-the-wheel instruction within the three-month 
probationary period, while being observed and 
evaluated by a Driver E ducation Specialist, if the 
instructor w ants to be licensed for behind the wheel 
instruction; training as a stud e nt at an approved 
comm e rcial driv e r training school; 

(4) succ e ssfully compl e t e six hours of obs e rvation of 
b e hind th e wh ee l instruction of a n e w driv e r by a 
lic e ns e d in s tructor train e r; be recommended by a 
Driver Education Specialist to receive an instructor's 
license: 

(5) s ucc e ssfully compl e t e th e writt e n t es t administered by 
a Driver Education Special is t: (Allow e d only ene 
r e t e st) be exempt from Paragraph (b)(2), (3), and (4) 
of this Rule if the applicant is an accredited driver 
education teacher with a current certificate based on 
the requirements of the Department of Public 
Instruct i on; Instruction. 

(4^ succ e ssfully compl e t e th e Mill e r Road T e st giv e n by 
a Driv e r Education Sp e cial is t: ( A llo w e d only eee 
r e t e st) 
fP) shall aft e r comp le ting Subparagraphs (b)( I ) through 
(6) practic e t e ach in the p rese n ce of an instructor 
train e r: 
f8^ s ucc es sfulK — compl e t e — twe — hours — of clas s room 
instruction — whil e — b e ing — obs e rv e d — by — a — Driv e r 
Education Sp e ciali s t; 
(J^ succ e ssfully compl e t e two hours of b e hind th e wh ee l 
instruction — wh i l e — b e ing — observ e d — by — a — Driv e r 
Education Sp e cialist; 
-(4-0-) b e r e comm e nd e d by a Driv e r Education Sp e cialist to 

rec e iv e an in s tructor's lic e ns e . 
(c) An instructor at an approved commercial driver training 
school may apply for an Instructor Trainer license. The 
Instructor Trainer shall: 



(I) 
(2) 
(3) 

(4) 



(6) 



have five consecutive years as an active licensed 

instructor; 

submit an application for Instructor Trainer License 

with a fee of eight dollars (S8.00); 

complete two hours of classroom observation by a 

Driver Education Specialist while training instructors, 

not driver education students; 

complete two hours of behind-the-wheel observation 

by a Driver Education Specialist while training 

instructors, not driver education students; 

successfully complete the written test administered by 

a Driver Education Specialist; (Allowed only one 

retest) 

successfully complete the Miller Road Test given by 

a Driver Education Specialist; (Allowed only one 



1H47 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



retest) 

(7) be recommended by a Driver Education Specialist; 

(8) must requalify each school year. 

Authority G.S. 20-322: 20-323: 20-324. 

SECTION .0600 - CONTRACTS 

.0601 REQUIREMENTS 

(a) Commercial driver training school contracts with 
individual stud e nts students, public schools, or private schools 
shall contain (but are not limited to) the following information: 

(1) the agreed total contract charges and full terms of 
payment thereof; 

(2) the number, nature, time and extent of lessons 
contracted for, including: 

(A) classroom instruction: 

(i) rate per hour; 

(ii) date and time of first lesson and each 
subsequent lesson, the length of each 
lesson, and the total number of hours; 

(iii) type of instruction; 

(iv) a limit of fifty students and no more 
than three hours of classroom work per 
day on school days and six hours per 
day on non-school days for unlicensed 
individuals under the age of eighteen. 

(B) behind-the-wheel instruction: 



(i) 
(ii) 



(iii) 



rate per hour; 

date and time of first lesson and each 
subsequent lesson, the length of each 
lesson, and the total number of hours; 
nature of lessons, whether privat e 
individual or group (no group may 
consist of more than the instructor and 
two students); group. An instructor 
may not provide behind-the-wheel 
training to more than three individual 
students, 
(iv) rate for use of school vehicle for a 
driver's license road test, if an extra 
charge is made; 

(3) a statement which reads substantially as follows: 
"This agreement constitutes the entire contract 
between the school and the student, and any verbal 
assurances or promises not contained herein shall bind 
neither the school nor the student." 

(4) a statement which reads as follows: "This school is 
licensed by the State of North Carolina, Division of 
Motor Vehicles." 

(5) a statement which reads as follows: "Under this 
agreement an instructor may not provide behind-the- 
wheel training to more than three individual students." 

(b) If either the school or the instructor fails to comply with 
the provisions of any contract or agi'eement between the school 
and the student, the school shall refund, on a pro rata basis, all 
monies collected from the student as consideration for the 
performance of the contract or the agreement. 



Authority G.S. 20-322 through 20-324. 

SECTION .0700 - BONDING AND ADVERTISING 

.0701 BONDS 

Prior to license approval, a school shall file with the Division 
a continuous "cash" or "surety" bond written by a company 
licensed to do business in North Carolina in the amount of #v« 
twenty thousand dollars ($20,000) ($5,000) to indemnify any 
student against loss or damage arising out of the school's breach 
of contract between the school and the student (Form 
SBTS-606). 

Aiithorit}- G.S. 20-322 through 20-324. 

SECTION .0800 - LICENSE REVOCATION OR 
SUSPENSION 

.0804 PROBATIONARY PERIOD AND FINES 
LEVIED 

If any school or instructor js found to be in violation of any 
provision of G.S. Article 14, or any provision of these Rules, 
the school or instructor may be placed on probation, have a fine 
levied against them, or both. The length of the probationary 
period may not exceed one year and the fine may not exceed one 
thousand dollars (SKOOO). The probationary period, fine, or 
both shall be detennined by the Commissioner or the 
Commissioner's authorized representative. The request by a 
school or an instructor for a hearing shall follow the same 
procedure as listed in Rule .0803 of this section. 

Authorit\- G.S. 20-321: 20-322: 20-323: 20-325. 



TITLE 21 -OCCUPATIONAL LICENSING BOARDS 
CHAPTER 46 - BOARD OF PHARMACY 

Notice Is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Pharmacy intends to 
adopt rule cited as 21 NCAC 46 .1815. Notice of Rule-making 
Proceedings was published in the Register on December I. 
1998. 

Proposed Effective Date: .August 1. 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): In order to 
demand a public hearing, a written request for public hearing 
must be submitted to David R. Work at the Board's office. The 
Board's address is PO. Box 459. Carrboro. NC 27510-0459. 

Reason for Proposed Action: The adoption of this rule is 
necessary to allow patients to obtain an emergency prescription 
refill when refill authorization from the prescriber is not readily 
obtainable due to an interruotion in medical sen-ices. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1848 



mimiu«mjmm»tMmiuMmLuumuj^ju>tuni,iUMmji^ui,^MitA.a 



sxnaamsasd 



PROPOSED RULES 



Comment Procedures: Written comments may be submitted to 
Dcn-id R. Work at the Board's office. The Board's address is PC) 
Box 459. Carrboro. NC 27510-0459. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds. This Rule does not 
not have a substantial economic impact of at least five million 
dollars (S 5. 000,000) in a ! 2-month period. 

SECTION .1800 - PRESCRIPTIONS 

.1815 EMERGENCY PRESCRIPTON REFILL DUE 
TO INTERRUPTION OF MEDICAL SERVICES 

in the event a pharmacist or device and medical equipment 
permit holder receives a request for a prescription refill and the 
pharmacist or permit holder is unable to obtain readily refill 
authorization from the prescriber because of the prescriber's 
inabilitN to provide medical services to the patient, the 
pharmacist or permit holder may dispense a one-time emergency 
supply of u p to 90 days of the prescribed medication, provided 
that: 

( 1 ) The prescription js not for a Schedule II controlled 

substance; 

The medication is essential to the maintenance of life 



0} 



ill 



Hj 



£5} 



or to the continuation of therapy in a chronic 
condition; 

In the pharmacist's or permit holder's professional 
judgment, the interruption of therapy might 
reasonabK produce undesirable health consequences; 
The dispensing pharmacist or permit holder creates a 
written order entered in the pharmacy's automated 
data processing ssstem containing all of the 
prescription information required by Section .2300 of 
these Rules and signs that order; 
The dispensing pharmacist or permit holder notifies. 
or makes a good faith attempt to notify, the prescriber 
or the prescriber's office of the emergency dispensing 
within 72 hours after such dispensing. 



Authorit^■G.S. 90-85.6: 90-85.25: 90-85.32. 



TITLE 23 - DEPARTMENT OF COMMUNITY 
COLLEGES 

Notice is hereby given in accordance with G.S. I50B-21 .2 
that the North Carolina State Board of Community 
Colleges intends to adopt rules cited as 23 NCAC 2C .0503- 
. 0505 and amend the rule cited as 23 NC.4 C 2B .01 04. Notice 
of Rule-making Proceedings was published in the Register on 
November 16. '^98. 



Reason for Proposed Action: Rules 23 NCAC 2C . 0503-. 0505 
were adopted by the State Board of Commimity Colleges on 
October 16. 1998. in response to ratified House Bills 1368. 1369 
and 1541 enacted by the 1998 General Assembly. Rule 23 
NCAC 2C .0503 regulates acceptance of donated property- by 
comnniniry colleges and use of funds from the sale of donated 
property'. Rule 23 NCAC 2C .0504 regulates state funded 
installment and lease purchase contracts. Rule 23 NCAC 2C 
.0505 sets forth the conditions under which community colleges 
and the Center for Applied Textile Technology may purchase 
supplies, equipment, and materials from non-certified sources. 
Rule 23 NCAC 2B .0104 clarifies the Community College 
Systetn's mission by defining "opportunity" and by emphasizing 
the relationship with business and industry. 

Comment Procedures: .411 persons interested in these rules 
may submit statements in writing from the date of this notice 
until the hearing on June 18. 1999. delivered or mailed to Mr 
Morris W. Johnson. North Carolina Community College System. 
200 W. Jones Street. Raleigh. NC 2 7603- 1379. 

Fiscal Note: These Rules. 23 NC.4C 2B . 0104: 2C . 0503-. 0505. 
do no! affect the expenditures or revenues of state or local 
government funds and do not have a substantial economic 
impact of at least five million dollars (S5. 000.000) in a 12-month 
period. 

Editors Note: These rules. 23 NCAC 2C .0503-. 0505 have 
changes from the original publication in the North Carolina 
Register I'olume 13. Issue 10. pages 815 and 816. 

SUBCHAPTER 2B - THE COMMUNITY COLLEGE 
SYSTEM 

SECTION .0100 - GENERAL PROVISIONS 

.0104 MISSION OF THE COMMUNITY COLLEGE 
SYSTEM 

The mission of the North Carolina Community' College 
System is to open the door to opportunity for individuals see k i ng 
to improv e high quality, accessible educational oppon unities that 
minimize barriers to post-secondaiA education, maximize student 
success, and improve thetf the lives and well being of 
individuals b\ providing: 

(1 ) education, training and retraining for the workforce. 
including basic skills and literacy education, 
occupational and pre-baccalaureate programs; 

(2) support for economic development through services to 
and [n partnership with business and industry ; and 

(3) services to communities and individuals which 
improve the quality of life. 



Proposed Effective Date: August 1 . 2000 

A Public Hearing will be conducted at 10:00 a.m. on June 18. 
1999 at the Caswell Building. Room 46~. 200 West Jones Street. 
Raleigh. NC. 



Authority G.S. 115D-1: 115D-4.I: 115D-5: 115D-8. 

SUBCHAPTER 2C - COLLEGES: ORGANIZATION 
AND OPERATION 

SECTION .0500 - EQUIPMENT 



1H49 



NORTH CAROLIJWA REGISTER 



May 14, 1999 



13:22 



PROPOSED RULES 



.0503 DONATED PROPERTY 

(a) A board of trustees may accept property' donated to the 
I college for any lawful educational purpose that is consistent with 

the mission and purpose of the community college system. 

(b) A coll e g e shall submit to th e D e partm e nt for review and 
approval a copy of e ach docum e nt int e nding to donat e prop e rty 
to th e coll e g e for a s p e cific e ducationa l purpos e prior to 
acc e pting th e prop e rt\ ' from th e donor 

(b) Prior to a board of trustees accepting any propert>' that 
restricts the use of funds derived from the sale or lease of the 
property', the college shall submit to the Department a copy of 
the document transferring the property'. 

(c) Any funds derived from the sale or lease of property 
donated to a college for a specific educational purpose shall be 
used to accomplish that purpose. 

Authority- G.S. 115D-15. 

.0504 ACQUISITION OF EQUIPMENT 

(a) Boards of trustees may use state funds to support lease 
purchase and installment purchase contracts that exceed one 
hundred thousand dollars ($ 1 00,000) or a three-year It rm under 
the following conditions: 

(1) Prior to obligating any state funds, the State Board 
shall approve each lease purchase or installment 
purchase contract. 

(2) Prior to submitting a lease purchase or installment 
purchase contract to the State Board for approval, the 

i college board of trustees shall have approved the 

contract. 

(b) A board of trustees shall not have in effect at any' one time 
more than five state-funded contracts which are permitted under 
this rule. 

(c) The Department shall make an annual report to the State 
Board on system-wide use of state-funded lease purchase and 
installment purchase contracts exceeding one hundred thousand 
dollars ($100,000) or three-year tenns. The report shall include 
the amount of state funds obligated for the next fiscal year. 

Authorities. 115D-58.5(b): 115D-58.14. 

.0505 NONCERTIFIED SOURCE PURCHASES 

(a) Community' colleges and the Center for Applied Textile 
Technology may purchase supplies, equipment, and materials 
from noncertified sources as provided in G.S. I l.'iD-SS.S (b). 

(b) Each college or center shall submit to the Department a 
semi-annual report showing the number of purchases made from 
noncertified sources for supplies, equipment, or materials; the 
amount of frinds expended for each purchase; and the amount of 
funds that would have been expended under state contract. 

(c) The Department shall monitor the use of noncertified 
source purchases and shall make an annual report to the State 
Board. The report shall include the number of noncertified 
source purchases made by the colleges and the Center for 
Applied Textile Technology' and the amount of funds expended. 

Allthoril^■G.S. II5D-5: 115D-20: II5D-58.15. 



TITLE 25 - OFFICE OF STATE PERSONNEL 

Notice is hereby given in accordance with G 5. I50B-21.2 
that the State Personnel Cotnmission intends to amend the 
rules cited as 25 NCAC IB .0414. .0434: IC .0214: IJ .0506. 
. 0603. Notice of Rule-making Proceedings was published in the 
Register on March 15. 1999. 

Proposed Effective Date: August 1. 2000 

A Public Hearing will be conducted at 10:00 a.m. on July 16. 
1999 at the Administration Building. Third Floor Conference 
Room. 116 West Jones Street. Raleigh. NC. 

Reason for Proposed Action: Legislation passed by the 
General Assembly. SB. 78. effective August 15. 1998. added 
new grounds for contested cases to those listed in G.S. 126-34. 1. 
This Act amended the State Persotmel Act to establish 
jurisdiction for the hearing of State Employee Workplace 
Harassment grievances before the Office of Administrative 
Hearings and the State Personnel Commission. This Act was 
ratified in September. 1998 and became effective August 15. 
1998. Due to the fact that the effective date preceded the 
ratification of the bill cmd there were already cases pending 
before the Slate Personnel Commission which were covered bv 
this statute it Mas imperative for this agency to request the fling 
oftemporaiy rules effective Februaiy 18. 1999. 

Comment Procedures: Written comments may be submitted 
to Ms. Nellie Riley. Office of State Personnel. 116 West Jones 
Street. Raleigh. NC 2 ^603. Oral cotninents will be received at 
the public hearing. Written comments must be received no later 
than the time of the hearing. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds and do not have a 
substantial economic impact of at least five million dollars 
fS5. 000.000) in a 12-month period 

SUBCHAPTER IB- STATE PERSONNEL 
COMMISSION 

SECTION .0400 - APPEAL TO COMMISSION 

.0414 SITUATIONS IN WHICH ATTORNEY FEES 
MAY BE AWARDED 

Attorney's fees may be awarded by' the Commission onK' in 
the following situations: 

( 1 ) the grievant is reinstated in accordance yvith Rule 
.0428 of this Section; 

(2) the grievant is ayvarded back pay from either a 
demotion or a dismissal, without regard to whether the 
grievant has been reinstated; 

(3) the grievant is determined, by the Commission or b> 



13:22 



NORTH CAROLINA REGISTER Mar 14, 1999 



1850 



^Earasi^^^H^s^^QH^^aB^ssiaBBEaB» 



LLUU^ 



PROPOSED RILES 



the agenc\'s internal grievance procedure, to have been 
discriminated against or harassed in violation ofG.S. 126-16 or 
126-36; 

(4) the grievant is awarded back pay as the result of a 
successful grievance alleging a violation ofG.S. 126- 
7.1; 

(5) the grievant is the prevailing part)' in a final appeal of 
a Commission decision; 

(6) any combination of the situations listed in this Rule. 
Attorney's fees ma\ be awarded when any of the above 

situations occur, either within the agenc\ internal grievance 
procedure, in an appeal to the State Personnel Commission, or 
in an appeal of a State Personnel Commission decision. 

Authority- G.S. 126-4(111: 126-7.1. 

.0434 DISCRIMINATION 

In those cases in which the Personnel Commission finds an act 
of discrimination or unlawful workplace harassment prohibited 
by G.S. 126-16, G.S. 126-36 orG.S. 126-36.1. the commission 
may order reinstatement, back pay, transfer, promotion or other 
appropriate remed>'. The commission shall also have the 
authority in such cases to order other corrective remedies to 
ensure that the same or similar discriminator, acts do not recur 

Authority G.S. 126-4(9): 126-16: 126-36: 126-36.1. 

SUBCHAPTER IC - PERSONNEL ADMINISTRATION 

SECTION .0200 - GENERAL EMPLOYMENT 
POLICIES 

.0214 UNLAWFUL WORKPLACE HARASSMENT 

(a) Purpose. The purpose of this policy is to establish that the 
State of North Carolina prohibits in an\ form th e s e xual 
unlawful workplace harassment of state employees or applicants. 
and to require that every agency subject to the State Personnel 
Act establishes policies and programs to ensure that work sites 
are free of s e xua l unlawful workplace harassment. 

(b) S e xual Unlawful workplace harassment is defined as 
d e lib e rat e , unsolicited, and unwelcome v e rbal and ' or physical 
speech or conduct based upon race, sex, creed, religion, national 
origin, age, color, or handicapping condition as defined by G.S. 
168A-3 that creates a hostile work environment or circumstances 



involving quid pro quo: of a s e xual natur e or with s e xual 
imp li cations by a sup e rvi s or or co work e r which: 

f4-^ has or ma\ hav e dir e ct e mploym e nt cons e qu e nc e s 

r e sulting from th e acc e ptance or reject i on of such 
conduct: or 
(5^ cr e ates an intimidating, hostil e or off e n s iv e working 



Of- 



e nvironm e nt: or 

int e rf e r e s v\ ith an individual's work 



p e rformanc e . 

( I ) Hostile Work Environment is one that both a 
reasonable person would find hostile or abusive and 
one that the particular person who is the object of the 
harassment perceives to be hostile or abusive. Hostile 
work en\ ironment is detennined by looked at all of 
the circumstances, including the frequenc\ of the 



allegedly harassing conduct, its severity, whether it is 
phvsicalK threatening or humiliating, and whether it 
unreasonably interferes with an emplovee's work 
performance. 
(2) Quid Pro Quo harassment consists of unwelcome 
sexual advances, requests for sexual favors, or other 
verbal or physical conduct when: 
(A) submission to such conduct is made either 

explicitK or implicitly a term or condition of an 

individual's employment; or 
£B} submission to or rejection of such conduct by 

an individual is used as the basis for 
decisions 



employment 
individual. 
Retaliation is adverse 



affecting such 



(3) Retaliation is adverse action taken because of 
opposition to unlawful workplace harassment. 

(c) Policy. The policy of the State of North Carolina is that 
no state employee may engage in conduct that falls under the 
definition of s e xual unlawful workplace harassment indicated in 
Paragraph (b) of this Rule. No personnel decisions shall be 
made on the basis of a granting or d e nial of s e xual favor s upon 
race, sex, creed, religion, national origin, age, color, or 
handicapping condition as defined by G.S. 168A-3 . All 
employees are guaranteed the right to work in an environment 
free from se xual unlawful workplace harassment and retaliation . 
S e xual Unlayyful workplace harassment shall hereforth be 
deemed a form of se^ discrimination prohibited by G.S. 126 16. 
G.S. 126-16 and G.S. 126-36. 

(d) Grievances. Any current or former state employee who 
feels hc'she has been s e xually hara sse d the victim of unlawful 
workplace harassment in violation of this policy and G.S. 126-16 
and G.S. 126-36 may file a griey ance through the departmental 
grievance procedure. Filing such a written complaint shall be a 
prerequisite to any further appeal to the State Personnel 
Commission regarding unlawful workplace harassment. After 
the emplovee's written complaint is submitted to the department 
or agency, the department or agency shall have 60 days within 
which to consider the complaint and take appropriate remedial 
action, if any. Consistent with OS, 126-34. G.S. 126-34.1. G.S. 
126-36 and G.S. 126-36.1 any applicant for s tat e e mploym e nt or 
any current or former state employee who feels that he she has 
been se xually hara s s e d subjected to unlawful workplace 
harassment may' appeal directly to the State Personnel 
Commission (such appeal consisting of a contested case hearing 
under G.S.. 1 50B and a decision by' the Personnel Commission) 
only after submitting a written complaint and waiting sixty days 
from the submission of the complaint, without fir s t follow ing th e 
d e partm e nta l gri e vanc e proc e dur e . 

(e) Departmental Plans. Each department head or university 
chancellor shall include as a supplement to the Affirmative 
Action Plan a plan setting forth the steps to be taken to prevent 
and correct se xual unlawful workplace harassment. Each 
department or university shall submit such a plan to the Office 
of State Personnel for review, technical assistance, and approval 
by the Director of State Personnel. Each plan on s e xual 
unlawful workplace harassment shall, at the minimum, include: 

(I) publishing and disseminating a policy statement 
establishing that se xual unlawful workplace 



185J 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



PROPOSED RULES 



harassment of employees and applicants is prohibited; 

(2) establishment of internal procedure to handle 
complaints of sexaal unlawful workplace harassment. 
This procedure shall provide prompt investigation and 
resolution of complaints within the department or 
university and shall offer the employee recourse other 
than through the immediate supervisor; 

(3) utilization of training and other methods to prevent 
se xual unlawful workplace harassment; 

(4) stating that the department will, in allegations of 
sexual unlawful workplace harassment, review the 
entire record and the totality of the circumstances, to 
determine whether the alleged conduct constitutes 
s e xual unlawful workplace harassment; 

(5) development of appropriate disciplinary actions for 
conduct determined to constitute se xual unlawful 
workplace harassment, to be implemented on a case 
by case basis on the facts of each complaint; 

(6) prohibition of internal interference, coercion, restraint 
or reprisal against any person complaining of alleged 
sexual unlawful workplace harassment; 

(7) notification to all employees that a complaint or 
allegation of se^wat unlawful workplace harassment 
may must be filed within the department or agency ef 
may be filed with the State P e rsonn e l Commis s ion, at 
th e e l e ction of th e e mployee, and that the agency or 
department has 60 da^'s to take appropriate action, if 
any, in response to the complaint prior to the filing of 
a complaint of unlawful workplace harassment with 
the State Personnel Commission. 

Aiithohn-G.S. 126-4: 126-16; 126-1': 126-36: 126-36.1. 

SUBCHAPTER IJ - EMPLOYEE RELATIONS 

SECTION .0500 - EMPLOYEE GRIEVANCES 

.0506 DISCRIMINATION 

(a) A state employee has the right of direct appeal to the 
Commission has the option of using the grievance procedure 
established within the employee's agency if the employee so 
desires. If an employee elects to utilize the agency grievance 
procedure, the employee must appeal an alleged act of 
discrimination within the time frames set by the agency 
grievance procedure. An employee who chooses to bypass the 
agency's internal grievance procedure and appeal directly to the 
Commission must do so within 30 calendar days of notice the 
alleged discriminatory action. 

(b) An employee who alleges s e xual unlawful workplace 
harassment and elects to utilize the agency grievance procedure, 
shall have the right to bypass any step in the agency grievance 
procedure or alternative dispute resolution procedure involving 
discussions with or review by the alleged harasser. An employee 
who has a unlawful workplace harassment complaint must 
submit an unlawful workplace harassment complaint in writing 
to the agency or department. The agency or department has 60 
days to take appropriate action, jf any, m response to the 
complaint. After the agency or department has had 60 days in 



which to take appropriate action, if any, in response to the 
complaint of unlawful workplace harassment, the employee may 
file a complaint of unlawful workplace harassment with the State 
Personnel Commission within 30 days of the 60th day of the 
period of time which the agency or department is given to 
consider the unlawful workplace harassment complaint and take 
appropriate action, if any. 

.4uthoriry G.S. 126-4(9): 126-4(17): 126-7.2: 126-16: 126-34.1: 
126-34.2: 126-38. 

SECTION .0600 - DISCIPLINARY ACTION: 
SUSPENSION AND DISMISSAL 

.0603 APPEALS 

(a) A career employee who has been demoted, suspended or 
dismissed shall have 15 calendar days from the date of his 
receipt of written notice of such action to file an appeal with his 
department/university grievance procedure. Grievances which 
do not allege discrimination must follow the department or 
university grievance procedure. An appeal to the State 
Personnel Commission of a final departmental or university 
decision must be filed with the Office of Administrative 
Hearings in accordance with G.S. 150B-23 and within 30 
calendar days of receipt of the final agency decision. Grievances 
which allege unlawfijl workplace harassment must be submitted 
in writing to the agency or department and the agency or 
department must be given 60 days in which to take appropriate 
remedial action, it' any. An appeal to the State Personnel 
Commission of unlawful workplace harassment must be filed 
with the Office of Administrative Hearings jn accordance with 
G.S. 1 5QB-23 and within 30 calendar days of the 60th day of the 
period given to the agency to consider the unlawful workplace 
harassment complaint. 

(b) Grievances which allege discrimination not including 
unlawful workplace harassment may, at the election of the 
employee, proceed through the department or university 
procedure or proceed directly to the State Personnel Commission 
(SPC) for a hearing by the Office of Administrative Hearings 
(OAH) and a decision by the SPC. A direct appeal to the SPC 
(such appeal involving a contested case hearing by the OAH and 
a recommended decision by that agency to the SPC) alleging 
discrimination not including unlawful workplace harassment 
must be filed in accordance with G.S. 1 50B-23 and must be filed 
within 30 calendar days of receipt of notice of the alleged 
discriminatory act. 

(c) Grievances filed on an untimely basis (see G.S. 126-35, 
G.S. 126-36 and G.S. 126-38) must be dismissed. Allegations 
of discrimination raised more than 30 calendar days after receipt 
of notice of the occurrence of the alleged discriminatory act must 
be dismissed. Grievances alleging unlawful workplace 
harassment raised more than 30 calendar davs after the 60th day 
of the 60 day time period given to the agency to consider an 
unlawful workplace harassment complaint. 



.Authohn-G.S. 126-1 A: 126-35: 
3: 150B-23. 



126-36: 126-38: 150B. .Article 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1852 



■jMj.iLBimiiM^ IITirfHT' -r-^^'"""— ■'■^^"°"°°°'»'— "■^"•'^'■^■""■'■'•'•^ 



TEMPORAR Y RULES 



The Codijier of Rules has entered the following temporary rule(s) in the North Caroliria Administrative Code. Pursuant to G.S. 
150B-2 1.1(e), publication of a temporary rule In the North Carolina Register serves as a notice of rule-making proceedings 
unless this notice has been previously published hy the agency. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

Notice Is hereby given in accordance with G.S. 1508-21.2 
that the Commission for Mental Health. Developmental 
Disabilities and Substance Abuse Service intends to amend the 
rules cited as 10 NC.4C 14V .0802-.0H05. Notice of Rule- 
making Proceedings was published In the Register on .April 15. 
1998. 

Rule-making Agency: Commission for Mental Health, 
Developmental Disabilities and Substance Abuse Services 

Rule Citation: 10 NCAC 14V .0802-.0805 

Proposed Effective Date: August 1. 2000 

Findings Reviewed and Approved by: .Julian Matin 

Authority for the rule-making: G.S. 122C-3: 122C-27: 143B- 
14": 20 i.S.C Sections 1401 et. seq.. 1471 et. seq. 

Instructions on How to Demand a Public Hearing: .4 

demand for public hearing must be requested in writing within 
15 days of this notice and addressed to Charlotte F. Hall, 
Division ofMHDD S.4S 325 N. Saltsbuiy Street. Raleigh. NC 
27603-5906. 

Reason for Proposed Action: The Division ofMHDD SAS is 
designated lead agency for Early Childhood Inten-entlon 
Services, and as a condition for the receipt of federal funds, the 
agency shall meet all federal requirements Including 
amenditienis to rules as necessary for clarification. 

Comment Procedures: Comments should be submitted no 
later than .June 14. 1999. to Charlotte F. Hall. Division of 
Mental Health, Developmental Disabilities and Substance Abuse 
Services. 325 N. Sallsbwy Street. .Albemarle Building. Suite 51 7. 
Raleigh. NC 2 "603-5 906. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do not 
have a substantial economic impact of at least five million 
dollars (S5. 000. 000) In a 12-month period. 



CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, 

DEVELOPMENTAL DISABILITIES, AND 

SUBSTANCE ABUSE FACILITIES AND SERVICES 



(b) 
(c) 



(d) 



SECTION .0800 - GENERAL RULES FOR INFANTS 
AND TODDLERS 

.0802 DEFINITIONS 

In addition to tiie definitions contained in G.S. 122C-3 and 
Rule .0103 of this Subchapter, the following definitions shall 
also appK : 

( I ) "Atypical development" means those from birth to 60 
months of age who: 
(a) have autism; 

are diagnosed hyperactive; 
have an attention deficit disorder, severe 
attachment disorder, or other behavioral 
disorders; or 

exhibit evidence of or are at risk for. atypical 
patterns of behavior and social-emotional 
development in one or more of the following 
areas: 
(i) delays or abnormalities in achieving 

emotional milestones; 
(ii) difficulties with: 

(A) attachment and interactions with 
parents, other adults, peers, 
materials and objects; 

(B) abilitv to communicate emotional 
needs; 

(C) motor or sensory development; 

(D) ability to tolerate frustration and 
control behavior; or 

(E) ability to inhibit aggression; 
(iii) fearfulness, withdrawal, or other distress 

that does not respond to the comforting 

of caregivers; 
(iv) indiscriminate sociability; for example. 

excessive familiarity with relative 

strangers; 
(v) self-injurious or other aggressive 

behavior; 
(vi) substantiated evidence that raises 

concern for the child's emotional 

well-being regarding: 

(A) physical abuse; 

(B) sexual abuse; or 

(C) other environmental 
circumstances indicating an 
abused or neglected juvenile as 
defined in G.S. 7A-517(1) and 
(21). 

"Developmentally delayed children" means those 
whose development is delayed in one or more of the 
following areas: cognitive development; physical 
development, including vision and hearing; 



(2) 



IS53 



NORTH CAROLINA REGISTER 



f^ay 14, 1999 



13:22 



TEMPO R.4R Y RILES 



communication, social and emotional; and adaptive 
skills. The specific level of dela\ must be: 

(a) for children from birth to 36 months of age, 
documented by scores one and one-half 
standard deviations below the mean on 
standardized tests in at least one of the above 
areas of development. Or, it may be 
documented by a 20 percent dela\ on 
assessment instruments that yield scores in 
months: and 

(b) for children from 36 to 60 months of age, 
documented by test performance two standard 
deviations below the mean on standardized 
tests in one area of development or b\ 
performance that is one standard deviation 
below the norm in two areas of development. 
Or. it ma_\ be documented b\ a 25 percent 
delay in two areas on assessment instruments 
that \ ield scores in months. 

(3) "Early Intervention Services" means those services 
provided for infants and toddlers specified in Section 
303.12 of Subpart A of Part 303 of Title 34 of the 
Code of Federal Regulations, published Januar> I. 
1992 and incorporated by reference. 

(a) For the purposes of these services, 
"transportation" means assistance in the travel 
to and from the multidisciplinarx evaluation; 
specified early intervention services provided 
b\' certified developmental da\ centers or other 
center-based services designed specificalK for 
children with or at risk for disabilities; and 
speech, phvsical or occupational therap\. or 
other earl\ intervention services if provided in 
a specialized setting away from the child's 
residence. 

(b) Transportation assistance ma\ be provided by 
staff, existing public or private services, or by 
the famiK. who shall be reimbursed for their 
expenses, in accordance with applicable fee 
provisions. 

(c) For the purposes of these services, "special 
instruction" means individuall> designed 
education and training in the strengths and 
needs of the child and family as identified in 
the multidisciplinan.' evaluation, in which the 
focus is on the major developmental areas and 
individual famiK needs. It occurs in two 
primar) t>pes of settings; home and 
mainstreamed center-based: 

(i) The mainstreamed inclusive 

center-based settings may be those 
designed primarily for children w ith or 
at risk for disabilities, such as 
developmental da\ centers or 
therapeutic preschools. if the\ allow for 
planned and ongoing contact with 
children without disabilities, 
(ii) Mainstr e am e d Inclusive center-based 



settings also include those established 
primariK for children without 
disabilities, such as preschools. family 
day care homes, licensed child care 
centers: 

(A) when provided in these 
programs, special instruction also 
includes consultation and 
training for staff on curriculum 
design, teaching and behavior 
management strategies, and 
approaches to modification of the 
environment to promote learning; 
unQ 

(B) service coordination activities, 
including assistance to the family 
in identifving such programs 
must be provided with special 
instruction, if requested by the 
family, family; and 

(C) all types of earh intervention 
services shall be provided m 
natural environments to the 
maximum extent possible. The 
provision of earh intervention 
services in a setting other than a 
natural environment shall occur 
only when earh intervention 
cannot be achieved satisfactorily 
in a natural environment. 

(4) "Health Services" means those services provided for 
infants and toddlers specified in Section 303.13 of 
Subpart A of Part 303 of Title 34 of the Code of 
Federal Regulations, published June 22. 1989 and 
incorporated b_\ reference. 

(5) "High risk children" means those from birth to 36 
months of age for whom there is clinical evidence of 
conditions which have a high probabilitv of resulting 
in developmental dela> or atypical development and 
for whom there is clinical evidence that 
developmental or therapeutic intervention max be 
necessary. There are two categories of high risk 
children. These are: 

(a) High Risk-Established: Diagnosed or 
documented physical or mental conditions 
which are known to result in developmental 
delay or atypical development as the child 
matures. Such conditions include, but need not 
be limited to the following: 
(i) chromosomal anomaly or genetic 

disorders associated with developmental 

deficits; 
(ii) metabolic disorders associated yvith 

developmental deficits; 
(iii) infectious diseases associated with 

developmental deficits; 
(iv) neurologic disorders; 
(y ) congenital malfomiations: 



13:22 



NOR TH CAROLINA REGISTER May 14,1999 



1854 



TEMPORA RY RULES 



m 



(^m 



(vi) sensory disorders; or 
(vii) toxic exposure, 
(b) High Risk-Potential: Documented presence of 
indicators which are associated with patterns of 
development and which have a high probability 
of meeting the criteria for developmental delay 
or at\pical development as the child matures. 
There shall be documentation of at least three 
of the parental or family, neonatal, or 
postneonatal risk conditions. These conditions 
areas follows: 

(i) maternal age less than 1 5 years; 
(ii) maternal PKU; 
( i i i ) mother HIV positive; 
(iv) maternal use of anticonvulsant, 

antineoplastic or anticoagulant drugs; 
(v) parental blindness; 
(vi) parental substance abuse; 
(vii) parental mental retardation; 
(viii) parental mental illness; 
(ix) difficulty in parent-infant bonding; 
(x) difficulty in providing basic parenting; 
(xi) lack of stable housing; 
(xii) lack of familial and social support; 
(xiii) family history of childhood deafness; 
(xiv) maternal hepatitis B; 
(xv) birth weight less than 1 500 grams; 
(xvi) gestational age less than 32 weeks; 
(xvii) respiratorv' distress (mechanical 

ventilator greater than six hours); 
(xviii) asphyxia; 
(xix) hvpoglycemia (less than 25 mg/'dl); 
(xx) hvperbilirubinemia (greater than 20 

mg/dl); 
(xxi) intracranial hemorrhage; 
(xxii) neonatal seizures; 
(xxiii) suspected visual impairment; 
(xxiv) suspected hearing impairment; 
(xxv) no well child care b\ age six months; 
(xxvi) failure on standard developmental or 

sensory screening test; 
(xxvii) significant parental concern; 
(xxviii) chronic lung disease; 
(xxix) parent histon. of suspected abuse or 

neglect; and 
(xxx) mothers who are seen by a Maternal 
Outreach Worker from the local health 
department. 
"Natural environments" means settings that are natural 
or normal for the child's age peers who have no 
disab i lities. 

Incorporation b_v reference in any of the rules in this 
Section of portions of the Code of Federal 
Regulations includes subsequent amendments and 
editions of the referenced material, which ma\ be 
obtained at no cost from the Branch Head. Child and 
Adolescent Services. Developmental Disabilities 
Section. Division of MH/DD/SAS. 325 N. Salisburv 



Street, Raleigh, NC 27603. 

Hisloiy Note: Aiithoht}- G.S. I22C-3: 122C-26: 143B-14':': 

Eff. Men- 1. 1996: 

Temporary Amendment Eff'. May 21. 1999. 

.0803 GENERAL REQUIREMENTS FOR INFANTS 
AND TODDLERS 

For all facilities serving infants and toddlers with or at risk for 
developmental disabilities, delays or atypical development, 
except for respite, there shall be: 

(!) an assessment which includes: 

(a), physical (including vision and hearing), 
communication, cognitive. social and 
emotional and adaptive skills development, and 
the requirements set forth in 34 C.F.R. Part 
303.344 (a)(2). incorporated by reference; 

(b) a determination of the child's unique strengths 
and needs in terms of these areas of 
development and identification of services 
appropriate to meet those needs; 

(c) if requested by the family, a determination of 
the resources, priorities and concerns of the 
family, and the supports and services necessarv 
to enhance the family's capacity to meet the 
developmental needs of their infant or toddler 
with or at risk for a disabilit\. The 
family-focused and directed assessment shall 
be based on information provided through a 
personal interview and incorporate the family's 
description of these resources, priorities, and 
concerns in this area; 

(d) procedures developed and implemented to 
ensure participation by the client's family or the 
legalK responsible person; 

(e) no single procedure used as the sole criterion 
for determining a child's eligibilitv'; 

(f) an integrated assessment process which 
involves at least two persons, each representing 
a different discipline or profession, with the 
specific number and types of disciplines based 
on the particular needs of the child. The 
assessment shall include current medical 
information provided by a physician, 
phv'sician's assistant, nurse practitioner, or a 
registered nurse who has completed the "Child 
Health Training Program for Registered 
Nurses" taught under the Division of Maternal 
and Child Health Guidelines; however, a 
physician, physician's assistant, or nurse 
practitioner is not required as one of the 
disciplines involved in the assessment; 
Note: Further information regarding the 
assessment ma\ be found in the document 
"North Carolina Infant-Toddler Program 
Manual." available from the Developmental 
Disabilities Section of DMH'DD/SAS at no 
cost upon request. 



1855 



NORTH CAROLIKA REGISTER 



Mav 14, 1999 



13:22 



TEMP0FL4R Y R ULES 



(g) an evaluation process based on informed 

clinical opinion: 
(h) an assessment process completed within 45 
calendar days from the date of referral. The 
referral shall be initiated by a request for these 
services made to any one of the public agencies 
participating in the Part H of the Individuals 
with Disabilities Education Act Interagency 
Agreement. The request shall become a 
referral when the area program determines that 
all of the following is available: 
(i) sufficient background infonnation to 

enable the agency receiving the referral 

to establish communication through a 

telephone call or home visit: 
(ii) reason for referral, date of referral and 

agency or individual making referral; 
(ill) child and family identifying information 

such as names, child's birthdate and 

primary physician; and 
(iv) summary of any pre-existing child and 

family screening or assessment 

information; 

(i) a 45 calendar day completion requirement 

which ma\ be extended in exceptional 

circumstances, such as. the child's health 

assessment is being completed out-of-state, or 

family desires make it impossible to complete 

the assessment within the time period. The 

specific nature and duration of these 

circumstances which prevent completion 

within 45 da\s and the attempts made by the 

provider to complete the assessment shall be 

documented and an interim Individualized 

Family Service Plan (IFSP) shall be developed 

and implemented; and 

(j) the child's family or legally responsible person 

shall be fully informed of the results of the 

assessment process. 

(2) There shall be a habilitation plan which is referred to 

as the Individualized Family Service Plan (IFSP) 

which shall include: 

(a) a description of the child's present health status 
and levels of physical (including vision and 
hearing), communication, cognitive, social and 
emotional, and adaptive development; 

(b) with the concurrence of the family, a 
description of the resources, priorities and 
concerns of the family and the supports and 
services necessary to enhance the family's 
capacity to meet the developmental needs of 
their infant and toddler with or at risk for a 
disability: 

(c) outcomes for the child, and, if requested, 
outcomes for the child's family ; 

(d) criteria and time frames to be used to detennine 
progress towards outcomes: 

(e) planned habilitation procedures related to the 



outcomes; 

(f) a statement of the specific early intervention 
services to be provided to meet the identified 
child and family needs, the initiation dates, 
frequency and method, duration, intensity and 
location (including the most natural 
environment and a justification of the extent, if" 
an\, to which the services are not pro\ided in 
a natural environment ) of service delivery: and 
the persons or agencies responsible; 

(g) the name of the service coordinator from the 
profession most immediately relevant to the 
needs of the child or family; and who is 
otherwise qualified to carry out all applicable 
responsibilities for coordinating with other 
agencies and individuals the implementation of 
the IFSP; 

(h) the plans for transition into services which are 
the responsibility of the NC Department of 
Public Instruction, or other available services, 
when applicable: 

(i) the payment arrangements for the specific 
services delineated in Sub-Item (2)(f) of this 
Rule; 

(}) a description of medical and other services 
needed by the child, but which are not required 
under Part H of the Individuals with 
Disabilities Education Act, and the strategies to 
be pursued to secure those services through 
public or private resources. The requirement 
regarding medical services does not apply to 
routine medical services, such as immunization 
and well-baby care, unless the child needs 
these services and they are not otherwise 
available. 
(3) The following requirements apply to the IFSP: 

(a) it shall be reviewed on at least a semi-annual 
basis or more frequently upon the family's 
request; 

(b) it shall be revised as appropriate, but at least 
annually; and 

(c) the initial development and annual revision 
process for the IFSP for infants and toddlers, 
shall include participation by : 

(i) the parent or parents of the child: 
(ii) other family members, as requested by 

the parent: 
(iii) an advocate or person outside of the 

family if the parent requests 

participation; 
(iv) the pro\ ider of the early intervention 

services; 
(v) the service coordinator designated for 

the family, if different from the provider 

of the early intervention services: and 
(vi) the provider of the assessment service, if 

different from the provider of the early 

intervention services. 



13:22 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



1856 



Biimffliiiniir"—""^''''^"^"'^^'™-'-^'^"'""- iiftnrnfrrrn '■'■■ 



TEMPO RA RY RULES 



(d) The initial IFSP meeting and annual reviews 
siiali be arranged and written notice provided 
to families early enough to promote maximum 
opportunities for attendance. The semi-annual 
review process shall include participation by 
persons identified in Sub-items (3)(c)(i) 
through (v) of this Rule. If any of these 
assessment and intervention providers are 
unable to attend one of the development or 
review meetings, arrangements may be made 
for the person's involvement through other 
means such as participation in a telephone 
conference call, having a knowledgeable 
authorized representative attend the meeting or 
making pertinent records available at the 
meeting. The facility shall attempt to obtain 
approval for such arrangements from all 
participants, however, it may proceed without 
such approval if necessary to complete the 
IFSP. 

(e) The IFSP for infants and toddlers shall be 
based upon the results of the assessment 
referenced in Item (1) of this Rule and upon 
information from any ongoing assessment of 
the child and family. However, early 
intervention services may commence before 
completion of this assessment if; 

(i) parental consent is obtained; and 
(ii) the assessment is completed within the 
45-day time period referenced in 
Paragraph (a) of this Rule. 

(f) In the event that exceptional circumstances, 
such as child illness, residence change of 
family, or any other similar emergency, make it 
impossible to complete the assessment within 
the 45-day time period referenced in Item ( I ) 
of this Rule, the circumstances shall be 
documented and an interim IFSP developed 
with parent permission. The interim IFSP shall 
include; 

(i) the name of the service coordinator who 
will be responsible for the 
implementation of the IFSP and 
coordination with other agencies and 
individuals; 

(ii) outcomes for the child and famiK when 
recommended; 

(iii) those early intervention services that are 
needed immediately; and 

(iv) suggested activities that ma> be carried 
out by the famiK members. 

(g) Each facility or individual who has a direct role 
in the provision of early intervention services 
specified in the IFSP is responsible for making 
a good faith effort to assist each eligible child 
in achieving the outcomes set forth in the IFSP. 

(h) The IFSP shall be developed within 45 days of 
referral for those children determined to be 



eligible. The referral shall be as defined in 
Sub-item (l){h) of this Rule. 

(i) The contents of the IFSP shall be fully 
explained to the parents, and informed written 
consent from the parents shall be obtained 
prior to the provision of early intervention 
services described in the plan. If the parents do 
not provide consent with respect to a particular 
early intervention service, or withdraw consent 
after first providing it, that service shall not be 
provided. The early intervention services for 
which parental consent is obtained must be 
provided. 

(j) IFSP meetings shall be conducted in settings 
convenient to and in the natural language of the 
family. 

Histoid Note: Aiithorin- G.S. I22C-26: 143B-147: 

Eff May I. 1996: 

Temporary Amendment Eff. March 1, 1999. 

.0804 SURROGATE PARENTS 

(a) Circumstances Requiring Surrogate Parents. The area 
program shall assure the availability of a surrogate parent for 
infants and toddlers eligible for early intervention services when: 



(1) 
(2) 
(3) 



(b) 
Parent; 
(1) 



a biological parent or guardian cannot be identified; 
efforts to locate the parent are unsuccessful; or 
the child is involved in a voluntar) placement 
agreement or is placed in protective custody through 
the local Department of Social Services. 
Identifying Need For And Selection Of A Surrogate 



The child service coordinator shall be responsible for 
identifying the need for a surrogate parent. 

(2) Identification shall be based on an\ pertinent 
information and input from; 

(A) the local Department of Social Services; and 

(B) anyone serving on the Infant-Toddler 
Consortium. 

(3 ) The area program Director, or a designee, serving the 
county of the child's legal residence shall select the 
surrogate parent. 

(c) Responsibilities Of A Surrogate Parent. A surrogate 
parent shall have the responsibility of being an active 
spokesperson for a child in matters related to the; 



(I) 
(2) 



(3) 



evaluation and assessment of the child; 
development, signing, and implementation of the 
child's IFSP, including annual evaluations and 
periodic reviews; and 

ongoing provision of earK' intervention services to the 
chMd. ^ 
(d) Priorities For Selection Of A Surrogate Parent; 

( 1 ) The area program shall make ever\ effort to select a 
surrogate parent who has close ties to the child. 

(2) In instances when children are placed in foster care or 
in the care of another individual, the biological 
parents or guardian shall be given first consideration 
to act as the surrogate parent. 



1857 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



TEMPORAR Y RULES 



(3) The following order of priority shall then be 
considered when selecting the surrogate parent: 

(A) person "acting as a parent" - a grandparent, 
governess, neighbor, friend, or private 
individual who is caring for the child; 

(B) interested relative; 

(C) foster parent; 

(D) friend of the child's family; or 

(E) other individuals. 

(4) The biological parent or guardian, if known, shall be 
informed regarding the selection of the surrogate 
parent. 

(e) Criteria For Selection Process. Anyone who serves as a 
surrogate parent shall: 

( 1 ) not have conflicting interests with those of the child 
who is represented; 

(2) have knowledge and skills that ensure the best 
possible representation of the child; 

(3) not have any prior history of committing abuse or 
neglect; ef 

(4) not be an employee of the agency involved in the 
provision of early intervention or other services for 
the child, child or be a provider of early intervention 
services to the child or the child's family . However, 
a person who otherwise qualifies to be a surrogate 
parent is not considered an employee based on being 
paid by a public agency to serve as a surrogate or 
foster par e nt, parent; or 

(5) not be an employee of the state. 

(f) Training Requirements For A Surrogate Parent: 

(1 ) Anyone who serves as a surrogate parent, and is not 
related to the child, shall have participated in training 
provided by or approved by the area mental health, 
developmental disabilities and substance abuse 
program. 

(2) Training shall include, but not be limited to. the 
following topics: 

(A) Part H of the Individuals with Disabilities 
Education Act. regarding parents' rights, 
entitlements for children, and services offered; 

(B) developmental and emotional needs of eligible 
infants and toddlers; 

(C) available advocacy services; and 

(D) relevant cultural issues if the child's culture is 
different from that of the surrogate parent. 

(3 ) The level of training approach shall be based on needs 
of the surrogate parent, as determined by the surrogate 
parent in conjunction with the area program. 

Hisfoiy Note: Authority G.S. 143B-N^: 20 U.S.C. Sections 

1401 et. seq.. 1471 et. seq: 

Eff.Mo}'!. 1996: 

Temporaiy Amendment Eff. May 21. 1999. 

.0805 PROCEDURAL REQUIREMENTS 

(a) General Area Program Requirements. Area programs and 
contract agencies shall comply with Section 303.402 of Subpart 
E of Part 303 of Title 34 of the Code of Federal Regulations, 



incorporated by reference, relating to: 

(1) the right of the parents of an eligible child to examine 
records; 

(2) the requirement of prior notice to parents of an 
eligible child in the parents' native language; 

(3) the requirement of parental consent [The period of 
reasonable time referenced in 303.403(a) shall be 
construed to be no less than two weeks.]; 

(4) early intervention services [infants and toddlers 
referred for services shall be assessed in accordance 
with the provisions of Rule .0803 of this Section, 
admitted in accordance with the provisions of 
Subparagraphs (a)(3) and (4) of Rule .0201 of this 
Subchapter, and receive services in accordance with 
the provisions of Rule .0803 of this Section]; and 

(5) surrogate parents. 

As used in this Section, the following terms shall have the 
meanings specified in Section 303.401 of Subpart E of Part 303 
of Title 34 of the Code of Federal Regulations: "Consent", 
"Native Language", "Personally identifiable", 
(b) Complaint Resolution/Mediation: 

(1) Parents of an eligible child shall have the right to a 
timely administrative resolution of any complaints 
concerning an area program's or contract agency's 
proposal or refusal to initiate or change the 
identification, evaluation or placement of the child, or 
concerning the provision of appropriate early 
intervention services to the child and the child's 
family. The parents of an eligible child shall also 
have the right to mediation of such complaints. 

(2) Whenever an area program or contract agency 
becomes aware that the parents of an eligible child 
disagree with any decision regarding early 
intervention services for their child, the area program 
or contract agency, whichever is appropriate, shall 
immediately advise the parents regarding the 
availability of. and procedure for, requesting 
complaint resolution under this Section. 

(3) A request by parents of an eligible child for 
administrative resolution or mediation of a complaint 
shall be in writing and sent to the Director of the area 
program in which the eligible child is receiving 
services. 

(4) A request by parents of an eligible child for 
administrative resolution or mediation of a complaint 
shall contain the following: 

(A) name and address of the child; 

(B) name and address of the parent; 

(C) name and address of the area program or 
contract agency against whom the complaint is 
made; 

(D) a statement of facts describing in sufficient 
detail the nature of the complaint; 

(E) the signature of the complaining parent and the 
date of signing; and 

(F) whether the parent desires mediation prior to 
the administrative resolution of his complaint. 

(5) Parents of an eligible child may request mediation to 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1858 



«llit]IIIUIIJMJH«Ul.H.t«lM»mil I ,LUI1J..IUIUU.-. J..-U..,.l»lCi»„.»,w.,..»«K»..,.«»>.i. .. . - I. I ..i.T^^.,,- 



TEMPORAR Y R ULES 



resolve a complaint as an intervening step prior to the 
administrative proceeding. If mediation is requested, 
the mediation shall take place prior to the 
administrative proceeding. 

(6) If mediation or administrative proceeding is 
requested, an impartial person shall be: 

(A) subject to qualifications of an impartial person 
as specified in Section 303.421 of Subpart E of 
Part 303 of Title 34 of the Code of Federal 
Regulations and incorporated by reference. 

(B) selected from a list of mediators and 
administrative hearing officers approved by the 
Chief of the Developmental Disabilities 
Section of DMH/DD/SAS; and 

(C) appointed by the area director to serve as a 
mediator. 

(7) DMH'DD'SAS shall provide a training program for 
the mediators and the administrative hearing officers. 

(8) Mediation may not be used to deny or delay a parent's 
right to speedy complaint resolution. The mediation, 
administrative proceeding and written decision must 
be completed within the 30-day timeline set forth in 
Paragraph (0 of this Rule. 

(9) Parents may not be assessed fees for the mediation or 
any other costs related to the mediation services. 

0) 



Each mediation session shall be scheduled [n a timely 
manner and held in a location that is convenient to the 
parties in\ol\ed. 

(11) Agreements reached by the parties involved jn the 
mediation process shall be set forth jn a mediation 
agreement. 

(12) Discussions that occur during the mediation process 
shall be confidential and may not be used as evidence 
in any subsequent due process or civil hearings and 
the parties involved ma\ be required to sign a 
confidentiality pledge prior to the commencement of 
the process. 

(c) Scheduling Administrative Proceedings. Upon receipt of 
written request for administrative complaint resolution, the 
Director of the area program in which the eligible child is 
receiving services shall schedule an administrative proceeding 
in accordance with the requirements of this Section. The parents 
shall be notified in writing of the date, time and location of the 
proceeding no later than seven calendar days prior to the hearing 
by the area director. The hearings must be scheduled at a time 
and place that is reasonably convenient to the parents. 
"Reasonably convenient" means the same as in Section 303.423 
of Subpart E of Part 303 of the Code of Federal Regulations and 
is incorporated by reference. 

(d) Authority And Responsibilities Of Impartial Person: 
(1) The hearing officer shall have the powers listed in 

G.S. 150B-33. and in addition shall have the 
following authority : 

(A) to establish reasonable time limitations on the 
parties' presentations; 

(B) to disallow irrelevant, immaterial or repetitive 
evidence: 

(C) to direct that additional evaluations of the child 



be performed; 

( D ) to make findings of fact and conclusions of law 
relevant to the issues involved in the hearing: 

(E) to issue subpoenas for the attendance of 
witnesses or the production of documents; and 

(F) to specify the type and scope of the early 
intervention services to be offered the child, 
where the proposed services are found to be 
inappropriate. 

(2) The hearing officer does not have the authority to: 

(A) determine that only a specific program, specific 
early intervention staff person or specific 

■ service provider is appropriate for the pupil; or 

(B) determine noncompliance with state law and 
regulations. 

(3) The decision of the hearing officer shall be in writing 
and shall contain findings of fact, conclusions of law 
and the reasons for the decision. The hearing officer 
shall mail a copy of the decision to each party by 
certified mail, return receipt requested. 

(4) The hearing officer shall inform the parent that the 
parent may obtain a transcript of the hearing at no 
cost. 

(e) Parent Rights In Administrative Proceedings. Parents of 
an eligible child shall have the rights set forth in Section 303.422 
of Subpart E of Part 303 of Title 34 of the Code of Federal 
Regulations, incorporated by reference. 

(f) Timelines. The administrative proceeding shall be 
completed, and a written decision mailed to each of the parties 
within 30 days after the receipt of a parent's complaint as 
described in Paragraph (b) of this Rule. 

(g) Civil Action. Section 303.424 of Subpart E of Part 303 
of Title 34 of the Code of Federal Regulations relating to the 
availability of a civil action for any party aggrieved by the 
findings and decision in an administrative proceeding is 
incorporated by reference. 

(h) Status Of Child During Proceedings. Section 303.425 of 
Subpart E of Part 303 of Title 34 of the Code of Federal 
Regulations relating to the status of a child during an 
administrative proceeding is incorporated by reference. 

(i) Confidentiality. Personally identifiable information 
concerning an eligible child or famiK member of an eligible 
child is confidential and may not be disclosed or acquired except 
as provided by in Paragraphs (j) and (k) of this Rule. 

(j) Disclosure Of Confidential Infonnation To Employees. 
An area program or contract agency may disclose confidential 
infonnation to its employees who have a legitimate need for 
access to the information. 

(k) Written Consent Required. Except as provided in 
Paragraph (b) of this Rule, all disclosures of confidential 
information, including disclosures between an area program and 
contract agency, may be made only with the written consent of 
the parents. Client information may be disclosed between 
agencies participating in the provision of earl\ intervention 
services in accordance with G.S. l22C-53(a). 122C-55(c). 
122C-5.'i(0. or 122C-55(h). as appropriate. However, the extent 
of information disclosed shall be limited to that information 
which is necessary to carr\ out the purpose of the disclosure. 



1859 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



TEMPORAR Y R ULES 



Parents shall be informed of their right to refuse to consent to the 
release of confidential information. The content of written 
consent forms shall comply with the Confidentiality Rules, 10 
NCAC 18D. 

(1) Consent To Receive Services. The parents of a child, 
eligible to receive early intervention services, may determine 
whether they, their child, or other family members will accept or 
decline any type of early intervention service without 
jeopardizing the right to receive other early intervention services. 

History Note: Authority^ G.S. 143B-147: 150B-I(d): 20 U.S.C. 

Sections 1401 et. seq.. 1471 et. seq: 

Ejf. May 1. 1996: 

Temporaiy Amendment Ejf. May 21. 1999. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: DENR - Environmental Management 
Commission 

Rule Citation: ISA NCAC 2D. 1801 -.1803 

Effective Date: .April 27. 1999 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 143-215. 3(a)(1): 143- 
215.107(a)(ll): 143-213: 143-215.65: 1143-215.66: 43- 
215.107(a)(1): 143-215.108 

Reason for Proposed Action: To adopt temporaiy rules to 
control odorous emissions from animal operations. House Bill 
515 requires the Environmental Management Commission to 
adopt temporaiy rules by March 1. 1999 to regulate the 
emission of odors from animal operations. The temporaiy rules 
and permanent rules may be the same or they may differ 

Comment Procedures: Comments and other information may 
be submitted in writing and sent to: Mr Thomas Allen, Division 
of Air Quality. PO Box 29580. Raleigh. NC 27604-0580: (919) 
733-1489 Phone: (919) 715-7476 
Fax: thorn _allend ncair net(email). 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .1800 - CONTROL OF ODORS 

.1801 DEFINITIONS 

For the purpose of this Section, the following definitions 
apply: 

(1) "Control technology" means economically feasible 
control devices installed to effectively reduce 



(2) 
(3) 

(4) 
£5} 



objectionable odors from animal operations. 
"Animal operation" means animal operation as 
defined at G.S. 143-215. lOB. 

"Construction" means any physical change (including 
fabrication, erection, installation, replacement, 
demolition, excavation, or other modification) at any 
contiguous area under common control. 
"Existing animal operation" means an animal 
operation that is in operation or commences 
construction on or before February 28, 1999. 
"Modified animal operation" means an animal 
operation that commences construction after February 
28, 1999, to increase the number of animals that can 
be housed at that animal operation. Activities 
exempted from the moratorium on construction or 
expansion of swine farms in S.L. 1997, c. 458, s. 1.1, 
do not constitute a modified animal operation 
provided that the owner or operator demonstrates to 
the Director that the activity will not result in an 
objectionable odor. 
f§4 "Modifi e d animal op e ration" — m e ans an — animal 
op e ration that comm e nc es construction after February 
28, 1999, to incr e a se th e number of animals that can 
b e hou se d at that animal op e ration, to relocate bams 
us e d to hous e animals, to add a n e w lagoon, or to 
r e plac e an e xisting lagoon. 

"New animal operation" means an animal operation 
that commences construction after Februar) 28, 1 999. 
"Objectionable odor" means any odor present in the 
ambient air that by itself, or in combination with other 
odors, is or may be harmful or injurious to human 
health or welfare, or may unreasonably interfere with 
the comfortable use and enjoyment of life or property. 
Odors are harmful or injurious to human health if they 
tend to lessen human food and water intake, interfere 
with sleep, upset appetite, produce irritation of the 
upper respiratory tract, or cause symptoms of nausea, 
or if their chemical or physical nature is, or may be, 
detrimental or dangerous to human health. 
"Technologically feasible" means that an odor control 
device or a proposed solution to an odor problem has 
previously been demonstrated to accomplish its 
intended objective, and is generally accepted within 
the technical community. It is possible for 
technologically feasible solutions to have 
demonstrated their suitability on similar, but not 
identical, sources for which they are proposed to 
control. 



(6) 

(7) 



(8) 



G.S. 



143-215. 3(a)(l):l43- 



History Note: .Authority 

215.107(a)(ll): 143-213: 

Temporary Adoption Eff. April 27. 1999: March 1. 1999. 



.1802 



CONTROL OF ODORS FROM ANIMAL 



OPERATIONS 

(a) Purpose. The purpose of this Rule js to control 
objectionable odors from animal operations beyond the 
boundaries of animal operations. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



I860 



■juimiiMja^^""— 



...^.i,u..uui..-ju;jlUM,IMUlij.i»rinriir»i.»iit.y>Mc.~.~-..»^.-~gl..i.l.j.Ll.j. .u.l ;-~..-»ir^ 



TEMPORAR Y RULES 



(b) Applicabiliry. This Rule shall apply to all animal 
operations. 

(c) Required mana^ement practices. All animal operations 
shall be required to implement applicable management practices 
for the control of odors as follows: 

( 1) The discharge point of the flush water discharge pipe 
shall e.xtend to a point below the surface of the animal 
wastewater lagoon; 

(2) The carcasses of dead animals shall be properly stored 
at all times and disposed of within 48 hours; 

(3) Waste from animal wastewater application spray 
systems shall not be applied when there is danger of 
drift from the irrigation field beyond the boundar\ ot' 
the animal operation, except waste from application 
spray systems may be applied in an emergency to 
maintain safe lagoon freeboard it" the owner or 
operator notifies the Department and resolves the 
emergency with the Department as written in Section 
111.6 of the Swine Waste Operation General Permit; 

(4) Animal wastewater application spray system intakes 
shall be located near the liquid surface of the animal 
wastewater lagoon; 
Ventilation fans shall be maintained according to the 



t5j 



manufacturer's specifications; 

Animal feed storage containers located outside of 

animal containment buildings shall be covered except 

when necessary to remove feed; and 

Animal wastewater flush tanks shall be covered with 

a device that is designed for ready access to prevent 

overflow or shall have installed a fill pipe that e.xtends 

below the surface of the tank's wastewater. 

All animal operations shall be in compliance with this Paragraph 

bv June K 1999. 

(d) Location of objectionable odor determinations. 

( 1) For an existing animal operation that does not meet 
the siting requirements in Subparagraph (k)( I ) of this 
Rule, objectionable odors shall be determined at 
neighboring occupied property that is affected and not 
owned by the owner of the animal operation, 
businesses, schools, hospitals, churches, outdoor 
recreation facilities, national parks. State Parks as 
defined in G.S. 1 13-44.9. historic properties acquired 
by the State pursuant to G.S. 121-9 or listed in the 
North Carolina Register of Historic Places pursuant to 
G.S. 121-4.1. or child care centers as defined in G.S. 
110-86 that are licensed under Article 7 of Chapter 
1 1 of the General Statutes. 

(2) For a new animal operation or existing animal 
operation that meets the siting requirements in 
Subparagraph (k)( 1 ) of this Rule, objectionable odors 
shall be determined bevond the boundar\ of the 
animal operation. 

(e) Complaints. The Director shall respond to complaints 
about objectionable odors from animal operations as follows: 

( 1 ) Complaints shall be investigated to the extent 
practicable. 

(2) Complaints mav be used to assist in determination of 
a best management plan failure or a control 



technology failure. 

(3) The Director shall respond to complaints within 60 
days. 

(4) Complaint response shall at least include a written 
response of the Director's evaluation of the 
complaint. 

(f) Determination of the existence of an objectionable odor 
In deciding if an animal operation is causing or contributing to 
an objectionable odor, the Director may consider one or more of 
the following: 

(1) the nature, intensity, fre quency, pervasiveness, and 
duration ot" the odors from the animal operation; 

(2) the potential of the animal operation to emit known 
odor causing compounds, such as ammonia, total 
volatile organics. or hydrogen sulfide, at levels that 
could cause or contribute to an objectionable odor; 

(3) any epidemiological studies associating health 
problems with odors from the animal operation or 
documented health problems associated with odors 
from the animal operation provided by the State 
Health Director; or 

(4) any other evidence, including complaints, that shows 
that the animal operation is causing or contributing to 
an objectionable odor. 

(g) Requirement for a best management plan for controlling 
odors from existing animal operations. If the Director finds that 
an existing animal operation is causing or contributing to an 
objectionable odor, the owner or operator of the animal 
operation shall: 



m 



submit to the Director as soon as practical, but not to 
exceed 90 days after receipt of written notitlcation 
from the Director that the animal operation is causing 
or contributing to an objectionable odor, a best 
management plan for odor control as described in 
Rule .1803 of this Section; and 



i2j 



be in compliance with the temis of the plan within 30 
days after the Director approves the best management 
plan (compliance with an approved compliance 
schedule in the best management plan is deemed to be 
rn compliance with the plan). 
Requirement for amendment to best management plan. 
No later than 60 days from completion ot"a compliance schedule 
in an approved best management plan, the Director shall 



ih] 



d etermine whether the plan adequately controls objectionable 
odors from the animal operation. If the Director determines that 
a plan does not control objectionable odors from the animal 
operation, the Director shall re quire the owner or operator of the 
animal operation to amend the plan to incorporate additional or 
alternative measures to control objectionable odors from the 
animal o peration. The owner or operator shall: 

(1) submit a revised best management plan to the Director 
as soon as practical but not later than 60 days of 
receipt of written notification from the Director that 
the plan is inadequate; and 

(2) be in compliance with the revised plan within 30 da\s 
after the Director approves the revisions to the best 
management plan (compliance with an approved 
compliance schedule in the best management plan is 



1861 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



TEMPORAR Y R ULES 



deemed to be in compliance with the plan). 
(i) Plan failure. Any of the following conditions shall 
constitute failure of a best management plan: 

(1) failing to submit the initial best management plan 
required under Paragraph (g) of this Rule within 90 
days of receipt of written notification from the 
Director that the animal operation js causing or 
contributing to an objectionable odor; 

(2) failing to submit a revised best management plan 
required under Paragraph (h) of this Rule within 60 
days of receipt of written notification from the 
Director that the animal operation is causing or 
contributing to an objectionable odor; 

(3) failing to correct all deficiencies jn a submitted best 
management plan under Rule . 1 803(b) of this Section 
within 30 days of receipt of written notification from 
the Director to correct these deficiencies; 

(4) failing to implement the best management plan after 
it has been approyed; or 

(5) Finding by the Director, using the criteria under 
Paragraph (f) of this Rule, that, after the best 
management plan has been implemented and revised 
no more than two times, the best management plan 
does not adequately control objectionable odors from 
the animal operation and will not adequately control 
objectionable odors even with further amendments. 

(j) Requirements for control technology. Jf a plan failure 
occurs, the Director shall require the owner or operator of the 
animal operation to install control technology to control odor 
from the animal operation. The owner or operator shall submit 
within 90 days from receipt of written notification from the 
Director of a plan failure, a permit application for control 
technology and an installation schedule. If the owner or operator 
demonstrates to the Director that a permit application cannot be 
submitted within 90 days, the Director may extend the time for 
submittal up to an additional 90 days. Control technology shall 
be determined according to Subp aragraph ( 1 ) of this Paragraph. 
The installation schedule shall contain the increments of 
progress described in Subparagraph (2) of this Paragraph. The 
owner or operator may at any time request adjustments in the 
installation schedule and shall in his request explain why the 
schedule cannot be met. If the Director finds that the reason for 
not meeting the schedule is valid, the Director shall revise the 
installation schedule as requested; however, the Director shall 
not extend the final compliance date bevond 24 months from the 
date that the pennit was first issued for the control technology. 
The owner or operator shall certify to the Director within five 
da^s after the deadline for each increment of progress described 
in Subparagraph (2) of this Paragraph whether the required 
increment of progress has been met. 

( 1 ) Control technology. The owner or operator of an 
animal operation shall identify control technologies 
that are technologically feasible for his animal 
operation and shall select the control technology or 
control technologies that the owner or operator 
identifies as most effective for hns operation 
considering human health, ener gy, environmental, and 
economic impacts and other costs. The owner or 



operator shall explain the reasons for selecting the 
control technology or control technologies. Jf the 
Director finds that the selected control technology or 
control technologies will effectively control odors 
following the procedures in 15A NCAC 20 .0300 or 
.0500. lie shall approve the installation of the control 
technology or control technologies for this animal 
operation. The ov\ner or operator of ttie animal 
operation shall comply with all terms and conditions 
in the pennit. 
(2) Installation schedule. The installation schedule for 
control technology shall contain the following 
increments of progress: 

(A) a date by which contracts for odor control 
systems and equipment shall be awarded or 
orders shall be issued for purchase of 
component parts; 

(B) a date by which on-site construction or 
installation of tlie odor control systems and 
equipment shall begin; 

(C) a date by which on-site construction or 
installation gt" tfie odor control systems and 
equipment shall be completed; and 

(D) a date by which final compliance shall be 
achieved. 

Control technology shall be in place and operating as 
soon as practical but not to exceed 12 months from 
the date that the permit is issued for control 
technology, 
(k) New or modified animal operations. 

( 1 ) Before beginning construction, the owner or operator 
of a new or modified animal operation raising or 
producing swine shall submit and have an approved 
best management plan and shall meet of the 
following: A house or lagoon that is a component of 
an animal operation shall be constructed: 

(A) at least 1 500 feet from any occupied residence 
not owned by tlie owner of ttte animal 
operation; 

(B) at least 2500 feet from any school, hospital, 
church, outdoor recreation facility; national 
park; State Park, as defined in G.S. 113-44.9. 
historic property acquired by the State pursuant 
to G.S. 121-9 or listed in ttie North Carolina 
Register ot" Historic Places pursuant to G.S. 
121-4.1. or child care center, as defined in G.S. 
1 10-86. that is licensed under Article 7 of 
Chapter 1 10 of the General Statutes; and 

(C) at least 500 feet from an\ property boundary; 

(2) Before beginning construction, the owner or operator 
of a new or modified animal operation other than 
swine shall submit and have an approved best 
management plan. 

(3) For a new or modified animal operation, the outer 
perimeter of the land area onto which waste is applied 
from a lagoon that is a component of an animal 
operation shall be: 

(A) at least 75 feet from any boundary of property 



13:22 



NOR TH CAROLINA REGISTER May 14, 1999 



1862 



masa 



TEMP0R.4R Y R ULES 



on which an occupied residence not owned by 
the owner of the animal operation js located, 
and 
(B) at least 200 feet from any occupied residence 
not owned by the owner of the animal 
operation. 
(4) The Director shall either approve or disapprove the 
best management plan submitted under this Paragraph 
within 90 days after receipt of the plan. If the 
Director disapproves the plan, he shall identify the 
plan's deficiency. 
fa) Pui-pose. — Th e purpo se of this Rule is to addr e ss 
objectionabl e odors from animal op e ration s b e yond the 
boundari es of animal op e rations. It is not to e liminat e all 
odors from animal op e rations b e yond th e boundaries of 
th e anima l op e rations. 
iM) Applicabi l ity'. — This Rul e shall apply to al l animal 

op e rat i on s . 
(€-) R e quir e d manag e m e nt practices. All animal op e rations 
s hall b e r e quir e d to impl e m e nt managem e nt practices for the 
control of odor s as follows: 

(+) The discharg e point of th e flush wat e r di s charg e pip e 
s hall e xt e nd to a point b e low th e s urfac e of th e animal 
wast e wat e r lagoon; 
{¥) Th e carca s s e s of d e ad animals shall b e prop e rly stor e d 

a t al l tim e s and dispos e d of within 4 8 hour s : 
f^ Wast e from anima l wast e wat e r application spray 
syst e ms shall not b e appli e d wh e n th e r e i s dang e r of 
drift from th e irrigation fi e ld b e yond th e boundary of 
th e animal op e ration. e .\c e pt wa s t e from app l ication 
spray syst e m s may b e appli e d in an e m e rg e ncy to 
maintain saf e lagoon fr ee board if th e own e r or 
op e rator notifi e s th e D e partm e nt and r e solv e s the 
e m e rg e ncy with th e D e partment as writt e n in S e ction 
111.6 of th e Swin e Wast e Op e ration G e n e ral P e rmit: 
{4) Animal wast e wat e r application spra\ syst e m intakes 
shall b e located n e ar the liquid surface of th e animal 
wa s t e wat e r lagoon: 
{4f) V e ntilation fans shall b e maintain e d according to the 

manufactur e r' s s p e cifications; 
f§) An i mal f ee d storag e contain e rs locat e d outsid e of 

anima l containm e nt buildings shall b e cov e r e d; and 
f^ Anima l wast e wat e r flush tanks s hall be cov e r e d with 
a d e vic e that is d e sign e d for ready acc e ss to pr e v e nt 
ov e rflow. 
(4) Location of objoctionabi e odor det e rminations. 
f44 For an e xisting animal op e ration that do e s not m ee t 
th e siting r e quir e m e nts i n Subparagraph (j)( 1 ) of thi s 
Rul e , obj e ctionabl e odor s sha l l b e d e t e rmin e d at 
ad j ac e nt occupi e d r e sid e nc e s a s d e fin e d in G.S. 106 
8 02 not own e d by th e own e r of th e animal op e ration, 
bu s in e s se s, s chools, ho s pital s , church e s, outdoor 
r e cr e ation faciliti e s, national parks. Stat e Parks as in 
G.S. 113 11 .0. hi s toric prop e rti e s acquir e d by the 
Stat e pur s uant to G.S. 121 or list e d in the North 
Carolina Register of Historic P l ac e s pur s uant to G.S. 
121 1.1. or child car e c e nt e rs as d e fi ne d in G.S. 110 
86 that ar e lic e ns e d und e r Articl e 7 of Chapt e r 1 1 of 



th e G e n e ral Statut e s. For occupi e d r e sid e nc e s. 

bu s in e s se s, s chools, hospitals, churches, or child care 
c e nt e rs, th e d e t e rmination shall be mad e at — the 
principal structur e . 
(2) For a n e w animal op e ration or existing animal 
op e ration that m ee t s th e siting r e quir e m e nts in 
Subparagraph (j)( 1 ) of thi s Rule, objectionabl e odors 
shall b e d e t e rmin e d b e yond the boundary of th e 
animal op e ration. 
fe) D e t e rmination of th e e xist e nc e of an obj e ctionabl e odor. 
In d e ciding if an animal op e ration is causing or contributing to 
an obj e ctionabl e odor, th e Director may consid e r on e or mor e of 
th e fol l ov s ing; 

f4) the nature, intensity, fr e qu e ncy, p e rvasivene s s, and 

duration of th e odors from th e animal op e ration; 
{¥) th e pot e ntial of th e animal op e ration to e mit known 
odor causing compound s , such as ammonia, tota l 
volatil e organics. or hydrog e n sulfid e , at l e v e ls that 
could cause or contribute to an obj e ctionabl e odor; 
{¥) aftv — e pid e miological — s tudi es — as s ociating — h e alth 
probl e ms with odors from th e animal op e rat i on or 
docum e nt e d h e alth probl e ms associat e d with odors 
from the animal op e ration provid e d by th e Stat e 
H e alth Dir e ctor; or 
f4) any oth e r e vid e nc e , including complaints, that shows 
that th e animal op e ration i s causing or contributing to 
an obj e ctionabl e odor. 
fi-> R e quir e m e nt for a b es t manag e m e nt p l an for controlling 
odors from e xisting animal op e rations. If th e Director finds that 
an e x i sting anima l op e ration i s cau s ing or contr i buting to an 
obj e ctionabl e odor, th e own e r or op e rator of th e animal 
op e rat i on s hall: 

f+) submit to th e Dir e ctor as soon as practical, but not to 

e xceed 90 days after rec e ipt of writt e n notification 

from th e Dir e ctor that th e animal op e ration is causing 

or contributing to an obj e ctionabl e odor, a b e st 

manag e m e nt plan for odor control as described in 

Rul e .1803 of this S e ction; and 

{i) b e in complianc e with th e t e rms of th e plan within 30 

days aft e r th e Dir e ctor approv e s the best managem e nt 

plan (comp l ianc e with — an approv e d — complianc e 

schedul e in th e b e st manag e m e nt plan i s d ee m e d to b e 

in complianc e with th e plan). 

(g) R e quir e m e nt for amendment to best managem e nt plan. If 

the — Dir e ctor — d e t e nnin es — that — a — pfan — dees — net — control 

obj e ctionable odors from th e anima l op e rat i on, th e Dir e ctor shall 

r e quir e th e own e r or operator of th e animal op e ration to am e nd 

th e plan to incorporat e additional or alternativ e m e asur e s to 

control obj e ctionabl e odors from th e animal operation. — The 

own e r or operator shall: 

(4-) submit a r e vis e d b e st manag e m e nt plan to th e Dir e ctor 
as s oon as practical but not lat e r than 60 day s of 
r e c e ipt of writt e n notificat i on from th e Dir e ctor that 
th e plan is inad e quat e ; and 
{¥) b e in complianc e with th e r e vis e d plan with i n 30 da>s 
aft e r the Dir e ctor approv e s th e r e visions to th e b es t 
manag e m e nt plan (complianc e with an ap p rov e d 
complianc e s ch e dul e in th e b es t manag e m e nt p l an is 



1H63 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



TEMPOR.AR Y R ULES 



doemod to b e in complianc e with th e plan). 
fh^ Plan failur e . Any of the following conditions shall 
constitut e failur e of a be s t manag e m e nt plan: 

f44 failing to submit th e initial best manag e m e nt plan 

required und e r Paragraph (f) of this Rul e within 00 

days of r e c e ipt of writt e n notification from th e 

Dir e ctor that th e anima l op e ration i s cau s ing or 

contribut i ng to an obj e ctionable odor; 

{¥) failing to s ubmit a r e vis e d best management plan 

r e quir e d und e r Paragraph (g) of this Rul e within 60 

day s of rec e ipt of writt e n notitlcation from th e 

Dir e ctor that th e animal op e ration is cau s ing or 

contributing to an obj e ctionab le odor; 

{i) failing to corr e ct all d e fici e ncie s in a submitted best 

manag e m e nt plan und e r Rule . 1 8 03(b) of this Section 

within 30 days of r e c e ipt of writt e n notification from 

th e Dir e ctor to corr e ct th e s e detlci e nci e s; 

f4-) failing to implem e nt th e best manag e m e nt plan aft e r 

it has been approv e d; or 

(^ finding by the Dir e ctor, using th e crit e ria und e r 

Paragraph ( e ) of this Rul e . that, aft e r the b e st 

manag e ment plan has b ee n impl e m e nt e d and r e vis e d 

up to three tim e s, it do e s not ad e quat e ly control 

obj e ctionabl e odors from th e animal op e ration and 

will not adequat e ly control objectionabl e odor s e v e n 

with further am e ndm e nts. 

fi-) R e quir e m e nt s for control technology. If a plan fa i lur e 

occurs, th e Dir e ctor shal l r e quir e th e ov\n e r or operator of th e 

anima l operation to in s tal l control technologx to control odor 

from th e animal op e rat i o n . Th e owner or op e rator shall s ubmit 

within 90 day s from r e ceipt of written notification from th e 

Dir e ctor of a plan failur e , a p e rmit application for — control 

technology and an installation schedu l e. If the owner or operator 

demonstrates to the Dir e ctor that a permit application cannot b e 

submitt e d within 00 days, th e Dir e ctor ma\ e xtend the time for 

submittal up to an add i tional 00 days. Control t e chnology shall 

b e d e t e rmined according to Subparagraph ( 1 ) of this Paragraph. 

The — in s tallation sch e dul e shall contain th e incr e m e nts of 

progr es s d es crib e d in Subparagraph (2) of this Paragraph. The 

own e r or op e rator may at any tim e r e qu es t adju s tm e nt s in th e 

installation s ch e dul e and s hall in his r e qu e st e xplain why th e 

sch e dul e cannot b e m e t. If th e Dir e ctor finds that th e r e a s on for 

not me e ting the sch e dul e i s valid, th e Dir e ctor shall r e vis e th e 

installation schedul e as r e qu e st e d; how e v e r, th e Dir e ctor shall 

not e xtend th e final complianc e dat e b e yond 21 months from th e 

dat e that the p e rmit wa s first is s u e d for th e control technology. 

Th e owner or operator shall c e rtily to th e Dir e ctor within fiv e 

da>s aft e r th e dead l in e for e ach incr e m e nt of progr e ss describ e d 

in Subparagraph (2) of thi s Paragraph wh e th e r th e requir e d 

incr e m e nt of progr e s s ha s b ee n m e t. 

(44 Control t e chnology. — Th e own e r or op e rator of an 
animal op e ration shall id e ntify control technologi es 
that ar e t e chnologicalK — f e a s ibl e — for his animal 
op e ratio n a n d sh all s e l e ct th e control t e chnology or 
control technologies that th e own e r or operator 
id e ntifi e s — as — mest — e ff e ctiv e — fer — his — op e ration 
considering human h e alth, e n e rgy, e nvironm e nta l , and 
economic impacts and other costs. — Th e own e r or 



op e rator shall e xplain th e r e asons for s e lecting the 
control t e chnology or control t e chnologies. — If th e 
Dir e ctor finds that th e s e l e ct e d control t e chnology or 
control t e chnologies will eff e ctiv e ly control odors 
follov s 'ing th e proc e dures in 15A NCAC 2Q .0300 or 
.0500. h e s hall approv e the installat i on of th e contro l 
t e chnology or control t e chnologi es for this animal 
op e ration. — Th e own e r or op e rator of th e animal 
op e ration sha l l comply with all t e rms and conditions 
in th e p e rmit. 
f3-) Installation s ch e dul e . — The installation sch e dul e for 
control — t e chnology — sh»H — contain the — following 
incr e m e nt s of progr e ss: 

(A) a dat e by which contract s for odor control 
s yst e m s and e quipm e nt s hall b e awarded or 
ord e rs — shafJ — be — i s su e d — fer — purchas e — ef 
compon e nt parts; 
fB) a — date b\ — which — on sit e con s truction — Of 
installation of th e odor control syst e ms and 
e quipm e nt s hall b e gin; 
(€H a — date b> ' — which — on s i t e con s truction — ef 
installation of th e odor control s vst e ms and 
e quipm e nt shall b e comp le t e d; and 
f&) a date b\ which final comp l ianc e shall b e 

achieved. 
Control techno l ogy shall bo in plac e and op e rat i ng as 
soon as practica l but not to e xc ee d 12 months from 
the — dat e that th e — p e rmit — is — i ssu e d — fef — control 
t e chnology. 
{j) New or modifi e d animal op e ration s . 
(4^ Th e own e r or op e rator of a n e w or modifi e d animal 
op e ration that m ee ts th e following s iting r e quir e m e nts 
shall submit and hav e an approv e d b e st manag e m e nt 
plan b e for e b e g i nn i ng con s truction. 
(tM a hou se or lagoon that i s a compon e nt of an 
animal op e ration s hal l b e locat e d: 
fi) at l e ast 1500 f ee t from any occupi e d 
r e sid e nc e not ow^n e d by th e ovsner of the 
anima l op e ration; 
{#) at l e a s t 2500 f e et from any school, 
ho s pital. — church, outdoor r e cr e ation 
facil i ty; national park; Stat e Park, as 
d e fin e d — ifl — QiSr. — 1 13 'MO. — historic 
prop e rty acquir e d by th e Stat e pursuant 
to G.S. 121 or list e d in th e North 
Carolina R e gist e r of Historic Plac e s 
pur s uant to G.S. 121 1 .1. or chi l d car e 
c e nt e r, as d e fin e d in G.S. 110 86. that is 
lic e n se d und e r Article 7 of Chapt e r 1 10 
of th e G e n e ral Statut es ; and 
km) at l e ast 500 f ee t from an\ property 
boundary. 
(4^ Th e out e r p e rim e t e r of th e land area onto 
which wast e is a p p lied from a lagoon that is a 
component of an anima l op e ration shall b e : 
(+) at l e ast 75 f ee t from an\ boundary of 
prop e rty — en — wh i ch — an — occupi e d 
r e sid e nc e not own e d by th e own e r of th e 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 1H64 

IIJI]m»M»UIHimULIJlllJ»»llUJimilMJM»rMW _|,,-l.,U..JU..U.,,I.UI--.JlJU.»IU.OC»..»«in,..,«»,IIS.t»N»WWi«^.tUlLIJ^.U.l...UJ J.^J^^ 



TEMPORA RYR ULES 



animal operation i s locat e d, and 
fit) at l e a s t 200 f ee t from any occupi e d 
r e sid e nc e not own e d by the ovNTi e r of th e 
animal op e ration. 
(3-) Th e owner or op e rator of a n e w or modifi e d animal 
op e ration that do e s not m ee t th e s iting r e quir e m e nt s of 
Subparagraph (I) of thi s Paragraph shall: 
{A) s ubmit and hav e an approv e d b e st manag e m e nt 

plan befor e b e ginning construction, and 
(^ in s tal l control t e chnology as d e scrib e d in 
Subparagraph (i)( I ) of this Rule. Th e own e r or 
op e rator of th e building shall submit and hav e 
an approved air p e rmit b e for e commencing 
construction of th e animal op e ration. 
(^ Th e Dir e ctor shall e ith e r approv e or disapprov e th e 
b e st management plan submitt e d und e r this Paragraph 
within 90 day s aft e r r e c e ipt of th e plan. — If th e 
Dir e ctor di s approv e s th e p l an, h e shall i de ntify th e 
plan's d e fici e ncy. 

History Note: Authority G.S. 14i-21 5.3la>(l ):143- 

2l5.107(a)flll: 1 43-2 1 5. 108(a): 

Temporaiy Adoption Eff. April 27. 1999: March 1. 1999. 

.1803 BEST MANAGEMENT PLANS FOR 
ANIMAL OPERATIONS 
(a) Contents of a best management plan. The best 
management plan for animal operations shall: 

( 1 ) identify' the name, location, and owner of the animal 
operation; 

(2) identify the name, title, address, and telephone 
number of the person filing the plan; 

(3) identify' the sources of odor within the animal 
operation; 

(4) describe how odor will be controlled from: 

(A) the animal houses; 

(B) the animal wastewater lagoon, if used; 

(C) the animal wastewater application lands, if 
used; 

(D) waste conveyances and temporary 
accumulation points; and 

(E) other possible sources of odor within the 
animal operation; 

(5) contain a diagram showing all structures and lagoons 
at the animal operation, foiced air directions, and 
approximate distances to structures or groups of 
structures within 3000 feet of the property line of the 
animal operation; a recent or updated aerial 
photograph may be submitted in place of a diagram 
provided the items required under this Subparagraph 
of this Rule are shown; 

(6} for existing animal operations, contain a schedule not 
to exceed 12 months by which the plan will be 
implemented (a new animal operation is to have and 
be in compliance with its best management plan when 
it beains operation); for an amended best management 
plan, the implementation schedule shall not exceed 30 
days; 



(7) 

(8) 
(9) 



f^ for existing animal op e ration s , contain a sch e dul e not 
to e xc e ed 12 months by which th e plan wi l l b e 
impl e ment e d (a new animal op e ration is to hav e and 
b e in complianc e with it s b e st manag e m e nt plan when 
it b e gins op e ration); 

describe how the plan will be implemented, including 
training of personnel; 

describe inspection and maintenance procedures; and 
describe methods of monitoring and recordkeeping to 
verify' compliance with the plan, 
(b) Approval of the best management plan. The Director shall 
approve the plan if he finds that: 

(1) the plan contains all the required elements in 
Paragraph (a) of this Rule; 

(2) the proposed schedule contained in the plan will 
reduce objectionable odors in a timely manner; 

(3) the methods used to control objectionable odors are 
likely to prevent objectionable odors beyond the 
property lines of the animal operation; and 

(4) the described compliance verification methods are 
sufficient to verify- compliance with the plan. 

The Director shall have 90 davs to determine whether the 
proposed plan meets the requirements of this Paragraph, if the 
Director finds that the proposed plan does not meet the 
requirements of this Paragraph of this Rule, he shall notify the 
owner or operator of the animal operation in writing of the 
deficiencies in the proposed plan. The owner or operator shall 
have 30 days after receiving written notification from the 
Director to correct the deficiencies, if the Director finds that the 
proposed plan is acceptable, he shall notif\' the owner or 
operator in writing that the proposed plan has been approved. 

Hi.sloiy Note: Aiilhorit}- G.S. 143-21 5. 5(a)(l >: 143-215.65: 

143-215.66: 143-215-215. 10'(a)(ll): 

Temporaiy Adoption Eff. .4pril 27. 1999: March 1. 1999. 



■k -k -k -k -k -k 



Rule-making Agency: 

Commission 



North Carolina Marine Fisheries 



Rule Citation: 15A NC.4C 3M . 0506 

Effective Date: Mo}' 24. 1999 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 113-134: 113-182: 113- 
221: 1438-289.52 

Reason for Proposed Action: Amendment #9 to the South 
.Atlantic Fishery Management Council was implemented in 
federal waters on February 24. 1 999. Recent changes to rules 
on black sea bass were implemented by the Mid-Atlantic Fisheiy 
Management Council. The amendments are required to 
completnent these changes and establish restrictions in slate 
waters to mirror those in federal waters. 



1865 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



TEMPORAR Y RULES 



Comment Procedures: Written comtnents may he submitted 
to the Marine Fisheries Commission. Attention Juanitu Gaskill. 
PO Box 769. Morehead City. NC 28557. 

CHAPTER 3 - MARINE FISHERIES 

SUBCHAPTER 3IV1 - FINFISH 

SECTION .0500 - OTHER FINFISH 

.0506 SNAPPER-GROUPER 

(a) The Fisheries Director may, by proclamation, impose any 
or ail of the following restrictions in the fish e r y ' fisheries for 
species of the snapper-grouper complex and black sea bass list e d 
in th e South Atlantic Fishery Manag e m e nt Counci l Fish e r\' 
Manag e m e nt Plan for the Snapp e r Group e r Fish e ry of th e South 
Atlantic Region and for s e a bass north of Cap e Hatt e ras in order 
to comply with or utiliz e cons e rvation e quival e ncy to comply 
wi#i the management requirements incorporated in the Fishen. 
Management Plans Wan for Snapper-Grouper and Sea Bass 
developed coop e rativ e ly by the South Atlantic Fishery 
Management Council or Mid-Atlantic Fishery Management 
Council and the Atlantic States Marine Fisheries Commission: 

(1) Specify size; 

(2) Specify seasons; 

(3) Specify areas; 

(4) Specify quantity; 

(5) Specifv means/methods; and 

(6) Require submission of statistical and biological data. 
The species of the snapper-grouper complex listed in the South 
Atlantic Fishery Management Counc, I Fishery Management Plan 
for the Snapper-Grouper Fishery of the South Atlantic Region 
4s are hereby incorporated by reference and copies are available 
via the Federal Register posted on the Internet at 
www.access.gpo.gov and at the Division of Marine Fisheries, 
P.O. Box 769, Morehead City; North Carolina 28557 at no cost. 

(b) It is unlawful to po s s e ss black s e a bas s l e s s than e ight 
inch e s tota l le ngth tak e n south of Cap e Hatt e ras (35" 15' N. 
Latitude). Black sea bass: 

( 1) It is unlawful to possess black sea bass less than 10 

inches total length. 
(2j h is unlawful to take or possess more than 20 black 

sea bass per person per day south of Cape Hatteras 

without a valid Federal Commercial Snapper-Grouper 

permit. 

(c) Gag grouper: 

( 1) It is unlawful to possess gag grouper (gray grouper) 
less than 24 2Q inches total length. 

(2) It is unlawful to possess more than two gag grouper 
( gray grouper) per person per day without a valid 
Federal Commercial Snapper-Grouper Permit. 

(3) It is unlawful to possess more than two gag grouper 
( gray grouper) per person per day during the months 
of March and April. 

(4) ft is unlawful to seh or purchase gag grouper ( gray 
grouper) taken from waters under the jurisdiction of 
North Carolina or the South Atlantic Fishery 
Management Council during the months of March and 



April. 

(d) Black grouper: 

(1) It is unlays ful to possess black grouper less than 30 24 
inches total length. 

(2) It is unlawful to possess more than tw o black grouper 
per person per day without a valid Federal 
Commercial Snapper-Grouper Permit. 

(3) It is unlawful to take or possess more than tyvo black 
grouper per person per day during the months of 
March and April. 

(4) It is unlawful to sell or purchase black grouper taken 
fi"om waters under the jurisdiction of North Carolina 
or the South Atlantic Fishery Management Council 
during the months of March and April. 

(e) It is unlawful to po sse ss r e d snapp e r l e ss than 20 inch es 
total l e ngth, h is unlawful to possess red grouper less than 20 
inches total length. 

(f) It is unlaw fu l to possess red group e r l es s than 20 inch es 
tota l l e ngth. It is unlawful to possess vellowfm grouper 
(fireback grouper) less than 20 inches total length. 

(g) It is unlawful to po s s e ss y e llowfin group e r (fir e back 
group e r) l e ss than 20 inch e s total l e ngth. ]t is unlawful to 
possess scamp less than 20 inches total length. 

(h) It is unlawful to po sse ss scamp l e ss than 20 inch es total 
l e ngth, ft is unlayyful to possess yellowmouth grouper less than 
20 inches total length. 

(i) It is unlawfu l to pos ses s y e llowmouth group e r l e ss than 20 
inch es total le ngth. Speckled hind (kitty mitchell) and Warsaw 
grouper: 

ft is unlawful to sell or purchase speckled hind or 
Warsaw grouper. 

It is unlayyful to possess more than one speckled hind 
or one Warsaw grouper per vessel per trip. 
(^j ) Greater amberjack: 
( I ) For recreational purposes: 

(A) It is unlayyful to possess greater amberjack less 
than 56 28 inches fork length, e xc e pt that 
p e rsons fishing und e r th e bag limit e stabli s h e d 
in Subparagraph (2) of this Paragraph may 
poss ess a m i nimum 2 8 inch amb e rjack. 
It is unlawful to possess more than one greater 
amberjack per person per day. 
ft is unlawful to sd] or purchase greater amberjack 
less than 36 inches fork length. 
ft is unlayyful to possess more than one greater 
amberjack per person per day vyithout a yalid Federal 
Commercial Snapper-Grouper Permit. 
h is unlawful to possess more than one greater 
amberjack per person per day during the month of 
April. 

J_t is unlawful to sell or purchase greater amberjack 
during any closed season. 
(k) V e rmilion Snapp e r: Red snapper: 
fB It is unlayyfu l to poss e ss v e rmilion s napper (bcclin e r) 
l es s than 12 inch e s total l e ngth e xc e pt that p e r s ons 
fishing — und e r — the — bag — hm+t — es tablish e d — in 



ID 



(2)1BJ 



til 



Subparagraph (2) of this Paragraph may po s 
inch v e nnilion snapper. 



13:22 



NORTH CAR0LIN.4 REGISTER May 14, 1999 



1866 



TEMP0R.4RY RULES 



ID 
12J 



It is unlawful to poss es s mor e than 10 vermil i on 
snapp e r p e r p e rson p e r day tak e n for non comm e rcial 
purpos e s. 

]\ is unlawful to possess red snapper less than 20 
inches total length. 

ft is unlawful to possess more than two red snapper 
per person per day without a valid Federal 
Commercial Snapper-Grouper permit. 
(1) It is unlawful to poss e s s silk snapp e r (yellovv e y e snapp e r) 
l e ss than 12 i nch es total l e ngth. Vermilion Snapper: 

(1 ) For recreational purposes: 

(A) It is unlawful to possess vermilion snapper 
(beeliner) less than 1 1 inches total length. 

(B) It is unlawful to possess more than 10 
vermilion snapper per person per day. 

(2) h is unlawful to possess or seii vermilion snapper 
(beeliner) less than 12 inches total length with a valid 
Federal Commercial Snapper-Grouper permit. 

(m) It is unlawful to po s s e s s blackfm snapp e r (hambon e 
s napp e r) l e ss than 12 inch es total l e ngth. U is unlawful to 
possess silk snapper (velloweye snapper) less than 12 inches 
total length. 

(n) 4f- is unlawful to poss ess r e d porgy (pink or silv e r snapp e r) 
l e ss than 12 inches total l e ngth. It is unlawful to possess 
blackfin snapper (hambone snapper) less than 12 inches total 
length. 

(o) Sp e ckl e d hind (Kitty Mitch e ll) and Warsaw group e r: Red 



ill 
(4J 



porgy: 

(-H It is un l awful to s e ll or off e r for sal e sp e ckl e d hind or 

War s aw group e r. 

(2^ It is unlawfu l to poss e ss mor e than on e sp e ckl e d hind 

or on e War s aw group e r p e r v e ss e l p e r trip. 
h is unlawful to possess red porg\ (pink or silver 
snapper) less than 14 inches total length. 
It is unlawful to possess more than five red porgy per 
person per da\ without a valid Federal Commercial 
Snapper-Grouper permit. 

It is unlawful to possess more than five red porgy per 
person per day during the months of March and April. 
ft is unlawful to sell or purchase red porgy taken from 
waters under the jurisdiction of North Carolina or the 
South Atlantic Fishery Management Council during 
the months of March and April. 
(p) Combined Bag Limits: Limit for Snapp e r. 

( 1 ) It is unlawful to possess more than 10 vermilion 
snapper and 1 other sp e ci e s of snappers per p e rson- 
person per day of which no more than two ma\ be red 
snapper, tak e n in any on e day unl e ss fishing aboard a 
v e ss e l holding a f e d e ral v e s sel p e rmit for snapp e r 
group e r authorizing th e bag limit to be exc e eded. 
witho ut a valid Federal Commercial Snapper-Grouper 
permit. 

it is unlawful to possess more than five grouper 
without a valid Federal Commercial Snapper-Grouper 
permit of which: 

(A) no more than two ma\ be gag or black grouper 
(individually or in combination) p er person p er 
dav; 



01 



(B) no more than one may be speckled hind or one 
Warsaw grouper per vessel per trip. 
(3) It is unlawful to possess more than 20 fish in the 
aggregate p er person p er day of the following species 
without a valid Federal Commercial Snapper-Grouper 
permit: whitebone porgy, jolthead porgy, knobbed 
porgy, longspine porgy, sheepshead. gray triggerfish, 
queen triggerfish, yellow jack, crevalle jack, bar jack. 
almaco jack, lesser amberjack. banded rudderfish. 
white grunt, margates, spadefish. and hogfish. 

(q) Combin e d Bag Limit for Group e r: 
(-H It i s un l awful to poss e ss more than fiv e grouper per 
p e r c on taken in any one day unl es s fishing aboard a 
v e ss e l ho l ding a f e d e ral v es s e l p e rmit for snapper 
group e r authorizing th e bag limit to b e e xce e ded. 
(5) V e ss e l s ho l ding a f e d e ral p e rmit authorizing th e bag 
limit to b e e xc ee d e d may not possess mor e than on e 
sp e ckled hind or one Warsaw group e r per p e rson. It 
is unlawful to possess any species of tlie Snapper- 
Grouper complex except snowy. Warsaw, yellowedge, 
and misty groupers: blueline, golden and sand 
tilefishes; while having longline gear aboard a vessel. 

(r) It is unlawful to possess Nassau grouper or jewfish. 

(s) Fish Traps/Pots: 

(1 ) It is unlawful to use or have on board a vessel fish 
traps for taking snappers and groupers except sea bass 
pots as allowed in Subparagraph (2) of this Paragraph. 

(2) Sea bass may be taken with pots that conform with the 
federal rule requirements for mesh sizes and pot size 
as specified in 50 CFR Part 646.2. and openings and 
degradable fasteners specified in 50 CFR Part 
646.22(c)(2)(i). and escape vents and degradable 
materials as specified in 50 CFR Part 622.40 (b)(3)(i) 
and rules published in 50 CFR pertaining to sea bass 
north of Cape Hatteras (35° 15' N Latitude). Copies 
of these Rules are available via the Federal Register 
posted on the Internet at www.access.gpo.gov and at 
the Division of Marine Fisheries. P.O. Box 769. 
Morehead City. North Carolina 28557 at no cost. 

(D It is unlawfiil for persons in possession of a valid National 
Marine Fisheries Service Snapper-Grouper Pemiit for charter 
vessels to exceed the creel restrictions established in Paragraphs 
(b).(i). (o). and tpj of" tliis Rule when fishing with more than 
three persons (including the captain and mate) on board. 

(u) Iq thie Atlantic Ocean, it is unlawful for an individual 
fishing under a Recreational Commercial Gear License with 
seines, shrimp trawls, pots, trotlines or gH] nets to take any 
species of the Snapper- Grouper complex. 

History Note: Aiithorm- G.S. 113-134: 113-182: 113-221: 

143B-289.52: 

Eff. Jamiaiy 1 . 1991: 

Amended Eff. April 1. 1997: March 1. 1996: September 1. 1991: 

Temporary Amendment Eff. December 23. 1996: 

Amended Eff. .-iugust 1. 1998: .April I. 1997: 

Temporary Amendment Eff. May 24. 1999. 



, 



1H67 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



APPROVED RULES 



This Section includes the Register Notice citation to Rules approved by the Rules Review Commission (RRC) at its meeting of 
January- 21, 1999 pursuant to G.S. 150B-21. 1 7(a)(1) and reported to the Joint Legislative Administrative Procedure Oversight 
Committee pursuant to G.S. 150B-21. 16. The full text of rules are published below when the rules have been approved bv RRC 
in a form different from that originally noticed in the Register or when no notice was required to be published in the Register 
The rules published in full text are identified by an * in the listing of approved rules. Statutoiy Reference: G.S. 150B-21. 1 ". 

These rules unless otherwise noted, will become effective on the 31st legislative day of the 2000 Session of the General Assembly 
or a later date if specified by the agency unless a bill is inti-oduced before the 31st legislative day that specificallv disapproves 
the rule. If a bill to disapprove a rule is not ratified, the rule will become effective either on the day the bill receives an 
unfavorable final action or the day the General .issemhly adjoiirns. Statutory reference. G S. 150B-21.3. 



APPROVED RULE CITATION 



.01 03" 



REGISTER CITATION TO THE 
NOTICE OF TEXT 



4 


NCAC 


OlE 


.0104* 


4 


NCAC 


OIK. 


.0102- 


4 


NCAC 


OIK 


.0302* 


4 


NCAC 


OIK 


.0402* 


10 


NCAC 


14V 


.4301* 


10 


NCAC 


14V 


.4303 


10 


NCAC 


14V 


.4304* 


10 


NCAC 


I4V 


.4305 - 


10 


NCAC 


26H 


.0304* 


15A 


NCAC 


21H 


.0111* 


15A 


NCAC 


21H 


.0113 


21 


NCAC 


11 


.0101* 


21 


NCAC 


11 


,0104- 


21 


NCAC 


11 


.0110* 


21 


NCAC 


11 


.0111 


21 


NCAC 


11 


.0112* 



.4306 



.0108=' 



13:08 
13:08 
13:08 
13:08 
13:07 
13:07 
13:07 
13:07 
13:08 
13:07 
13:07 
13:03 
13:03 
13:03 
13:03 
13:03 



NCR 652 
NCR 652 
NCR 652 
NCR 652 
NCR 586 
NCR 587 
NCR 587 
NCR 587 
NCR 668 
NCR 591 
NCR 591 
NCR 313 
NCR 314 
NCR 315 
NCR 3 1 5 
NCR 315 



TITLE 4 - DEPARTMENT OF COMMERCE 

CHAPTER 1 - DEPARTMENTAL RULES 

SUBCHAPTER IE - INDUSTRIAL AND 
POLLUTION CONTROL REVENUE BONDS 

SECTION .0100 - PURPOSE AND DEFINITIONS 

.0104 OPERATOR 

(a) An "operator" shall mean the persons or corporate entit> 
entitled to the use or occupancy of a project. Where all or 
virtualK' all of the stock in one corporate entity is owned (either 
directly or indirectly) by another corporation (i.e.. a relationship 
commonly known as a "parent-wholly-owned subsidiary") and 
where final management control rests with the parent, "operator" 
shall be construed so as to include the total corporate 
responsibility implied by such a relationship. Such presumption 
may be rebutted where the department finds clear and 
convincing evidence of the independence of the subsidiary from 
the parent. 

(b) If the initial proposed operator of a project is not expected 
to be the operator for the term of the bonds proposed to be 
issued, the Secretary may make the findings required pursuant to 
Rules .0303 and .0307 of this Subchapter only with respect to 



the initial operator identified in the application for approval of 
the project. When the current operator discontinues serving as 
operator, and arrangements have been made by the obligor for a 
new operator, the new operator shall be subject to the approval 
of the Secretary pursuant to Rules .0303 and .0307 of this 
Subchapter. 

(c) If an operator subsequently seeks to sell, to lease, or to 
sublease the project to a non-affiliated person(s) or entity, the 
operator must give written notice to the Department of 
Commerce including infonnation prescribed by the secretan,. 
This infonnation shall include details of the proposed 
transaction, as well as name, address. NAICS code, and financial 
status of the non-affiliated person(s) or entity. 

History Note: .iuthorily G.S 159C-:': 159C-8: 

Eff August 2, 19^6: 

Amended Eff .August L -OOP: March I. 1983: November 21, 

19-^8: June?. 1977. 

SUBCHAPTER IK - ECONOMIC DEVELOPMENT 

ACTIVITY OF THE COMMUNITY DEVELOPMENT 

BLACK GRANT PROGRAM 

SECTION .0100 - GENERAL PROVISIONS 



]3:22 



NORTH CAROLINA REGISTER May 14, 1999 



1868 



uiumMuiuamimwsTan 



JI>MU).lHJIIimi».JAllulAII^Hil.jn..«mr.i..i..r .u»....~.i>» ^..^i.. ...... ., 



APPROVED RULES 



.0102 DEFINITIONS 

The following definitions apply to the Community 
Development Block Grant program Rules .0102 through .0404. 

(1) "Act" means Title 1 of the Housing and Community 
Development Act of 1974, P.L. 93-383, as amended. 

(2) "Applicant" means a local government which makes 
application pursuant to the provisions of this 
Subchapter. 

(3) "CDBG" means the State administered Community 
Development Block Grant Program. 

(4) "Chief Elected Official" of a local government means 
either the elected mayor of a city or the chairman of a 
county board of commissioners. 

(5) "Community Development Program" means the 
program of projects and activities to be carried out by 
the applicant with funds provided annually under this 
Subchapter and other resources. 

(6) "HUD" means the U.S. Department of Housing and 
Urban Development. 

(7) "Local Government" means any unit of general 
municipal or county government in the State. 

(8) "Low-Income Families" means those with a family 
income of 50 percent or less of median-famih 
income. For purposes of such terms, the area involved 
and median income shall be determined in the same 
manner as provided for under the Act. 

(9) "Moderate-Income Families" means those with a 
family income greater than 50 percent and less than or 
equal to 80 percent of median-famih income. 

(10) "Low and Moderate Income Persons" means members 
of families whose incomes are within the income 
limits of low and moderate income families as defined 
in Paragraphs (h) and (i) of this Rule. 

(11) "Metropolitan Area" means a standard metropolitan 
statistical area, as established by the U.S. Office of 
Management and Budget. 

(12) "Metropolitan City" means a city as defined by 
Section 102(a)(4) of the Act. 

(13) "Department" means the North Carolina Department 
of Commerce (DOC). 

(14) "Project" means any eligible business as defined in 
Paragraph (o) of this Rule and which the Economic 
Development Grant sector of the CDBG Program may 
consider so long as the project business (or 
businesses) presents separate, identifiable 
opportunities to create or retain jobs, principally for 
low and moderate income people. Such jobs must be 
created w ithin the grant period. 

(15) The following definitions determine eligible business 
types for projects for which CDBG assistance is 
requested: 

(a) All business types identified as eligible for 
New and E.xpanding Business tax incentives 
under the North Carolina William S. Lee 
Quality Jobs and Business Expansion Act 
(Article 3A of Chapter 105 of the N.C. General 
Statutes), as amended; and 

(h) Other project businesses that provide public 



benefit and can reasonably be interpreted as 

being eligible for CDBG assistance under 

sections 105(a)(14) and 105(a)(17 of the 

Housing and Community Development Act of 

1974. as amended. (Also see Rule .0105 of 

this Subchapter regarding projects not to be 

considered for funding in N. C.) 

(16) "Utility Project" shall mean any water, sewer, electric 

or natural gas utility improvement needed to provide 

services to the economic development project. The 

applicant shall delineate which projects are to be 

owned and operated by a unit of government, which 

projects are to be owned by a unit of government and 

leased to an operating utility company, and which 

projects are to be owned and operated by a private 

utility company. If the project is for infrastructure 

which shall be leased to and maintained by a privately 

owned and regulated natural gas distributor, the 

application will state the terms of the lease between 

the unit of government and the private entity. 

Hisloiy Note: Filed as a Temporary Adoption Effective July 

20. 1992 for a period of 180 days or until the permanent rule 

becomes effective, whichever is sooner: 

.Authority- G.S. 105-3.4: N3B-43I: 24 C.F.R. 570.489: 

Eff December I. 1992: 

.Amended Eff .4USUSI 1. 2000. 

.0103 ELIGIBLE APPLICANTS 

(a) All counties except those designated by HUD as urban 
counties and all cities except those designated by HUD as 
entitlement cities or urban countv cities may be applicants under 
this Economic Development Program. 

(b) Eligibility to submit an application shall depend upon an 
applicant's satisfactory administrative perfomiance with present 
or prior CDBG program projects. A letter of certification of 
eligibility from the Division of Community Assistance shall be 
evidence of eligibility. 

History Note: Filed as a Temporary .Adoption Effective July 
20. 1 992 for a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner: 
.Authority G.S. 143B-431: 42 U.S.C.A. 5301: 
Eff December 29. 1992: 
Amended Eff Aitsust L 200O 



SECTION .0300 



FINDINGS REQUIRED FOR 
APPROVAL 



.0302 CRITERIA FOR MAKING NECESSARY 
FINDINGS 

The Department shall determine criteria for making the 
approval findings, as follows: 

( I ) The Department shall determine that the project 
business is capable of completing its proposed project 
activities in a successful manner. Capable means that 
there is a business history, a financial condition, or 
other outstanding business qualifications which 



1H69 



NORTH C.4ROLIN.4 REGISTER 



May 14. 1999 



13:22 



APPROVED RULES 



support the conclusion that the project business is 
capable of operating in a successful manner; 

(2) The Department shall determine that the project is 
identifiable and free-standing, with its own 
measurable and significantly benetlcial impact. 
Identifiable and free-standing means a project which 
can literally be separated out and specifically 
identified and determined as the project being 
discussed, and as such shall have its own measurable 
and significantly benetlcial result at the project 
location: 

(3) The Department shall determine that the project shall 
be completed. The provision of legally binding 
commitments from the grantee and the beneficiary 
employer or employers shall be sufficient evidence 
that the project is to be completed; 

(4) The Department shall determine that there is a 
substantial benefit to persons of low and moderate 
income. Substantial benefit to persons of low and 
moderate income may be evidenced by employer 
commitments to assure that 60" o of Jobs created or 
saved shall be held by persons of prior low and 
moderate family income status; 

(5) The Department shall determine that there is a 
favorable ratio or relationship between the Jobs 
created and the number of CDBG dollars invested in 
the project. Favorable shall mean that a project will 
create or retain Jobs at a rate equal to a ratio of CDBG 
dollars required for the type of project company 
involved, and the local government has committed to 
meet the local to CDBG match requirement as 
required b> current program rules and for the project 
type proposed. 

(6) The Department shall determine that there is a 
favorable relationship between the total dollars 
invested in the project, the amount of CDBG money 
invested, and the anticipated taxes or other revenues 
to either or both the municipality and count) having 
taxing authority and Jurisdiction. 

(7) The Department shall determine for jobs to be created 
(or retained), the NC Enterprise Tier or Development 
Zone designation level of the project site shall be 
considered for each application, along v\ ith the latest 
unemployment figures and impact on the actual 
number of unemployed persons. To the extent 
feasible, priority consideration shall be given for 
CDBG assistance for projects in the most distressed 
areas of the state. 

(8) The Department shall determine that required 
compliance with federal and state rules and legal 
requirements are documented b\ the grantee. The 
extent of documentation required shall be that as 
considered as reasonable by the Director of the 
Commerce Finance Center. 

(9) The Department shall determine that if the project 
involves retail, service or other local market business, 
the application shall include surveys or other market 
studies as evidence that similar businesses in the 1 5- 



25 mile labor work force area support the project and 
that the project shall not Jeopardize the Jobs in their 
businesses; and 
( 10) The Department shall determine that the application 
presents evidence for a finding that the local 
government applicant, or the project business in the 
case of a loan project, has a reasonable and 
appropriate gap or need for the CDBG assistance 
requested. 

Histoiy \ole: Filed as a Temporary Adoplion Effective July 

20. 1992 for a period of ISO days or until the permanent rule 

becomes effective, whichever is sooner: 

Authority G.S. I05-3A: 1438-451: 24 C.F.R. 5^0.489: 42 

U.S.C.A. 5301: 

Eff December 29. 1992: 

Amended Eff Ausiist 1, 2001). 

SECTION .0400 - GRANT ADMINISTRATION 

.0402 METHOD OF PAYMENT 

Recipients shall receive payments based on requisitions 
submitted for immediate disbursing needs as approved by the 
Department. No funds shall be kept on deposit for more than 
three banking da\s by the local government grantee. If for any 
reason the grant costs for which funds were requisitioned cannot 
be paid as intended within three da\s. the local government" 
finance officer shall return the unused funds or contact the 
Commerce Finance Center. 

History Note: Filed as a Temporary Adoption Effective July 

20. 1992 for a period of 1 HU days or until the permanent rule 

becomes effective, whichever is sooner: 

Authority G.S. 143B-431: 24 C.FR. 570.489: 42 U.S.C.A. 

5304(g): 

Eff: December f 1992: 

Amended Eff August 1, 2000. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

CHAPTER 14 - MENTAL HEALTH: GENERAL 

SUBCHAPTER 14V - RULES FOR MENTAL HEALTH, 

DEVELOPMENTAL DISABILITIES, AND 

SUBSTANCE ABUSE FACILITIES AND 

SERVICES 

SECTION .4300 - THERAPEUTIC COMMUNITY 

.4301 SCOPE 

(a) A Therapeutic Community is a highly structured, 
supervised. 24-hour residential facilitv designed to treat the 
behavioral and emotional issues of individuals to promote self- 
sufficiency and a crime and drug-free lifesty le. 

(b) The Therapeutic Community shall emphasize self-help. 



NORTH CAROLINA REGISTER May 14, 1999 



1870 



nnnaaamia 



nBOBMS 



^UIJJ,JL]UUIUU.-.J^LIu.>il.■Uil■3B.»lW.l■■^l» ».K».^...~.H^ w,^.^■~.^»^^>.J.L ..■■I... 



APPROVED RULES 



abstinence from drugs and alcohol, personal growth, peer 
support, and may serve as an alternative to incarceration. 

(c) Services shall be designed to create the environment of an 
extended family in which individuals develop 
self-esteem, construct a productive lifestyle through peer support 
and actual experience, leading to a successful 

re-entry into the larger community. 

(d) The facility shall provide or ensure access to a variety of 
intensive therapy and program milieu approaches designed to 
confront and modify the clienfs anti-social and dysfunctional 
behavior 

(e) The goal shall be to assist the client in learning socially 
acceptable skills for coping with responsibilities and 
relationships, and to maintain a lifestyle which is substance 
abuse free. 

(0 Consideration shall be given to meeting client needs in 
social, medical, psychological, vocational and educational areas. 

(g) If children are residing in a Therapeutic Community, the 
facility shall also meet the rules for Therapeutic 
Homes for Individuals with Substance Abuse Disorders and 
Their Children set forth in Section .4100 of this 
Subchapter except for 10 NCAC 14V. 4102(c), 4102(e), 
.4103(2), and .4104(b). 

History Note: Aulhorit}- G.S. N3B-I47: 
Eff. Ausiist 1. 2000. 

.4304 OPERATIONS 

(a) Admission to a Therapeutic Community facility shall be 
a joint decision of the qualified therapeutic community 
professional, direct care staff and the individual. 

(b) Each facilit> shall operate in partnership with the staff and 
the self-government structure of the program. 

(c) The services of a qualified therapeutic community 
professional shall be available on an as-needed basis. 

(d) Each individual admitted to a facility shall receive 
services appropriate to his or her needs and age. 

(e) The purpose of this program shall be to provide clients 
with on-the-job work skills, training and work ethic 
development, and to provide revenue to support the program. 

(f) A component of therapeutic communities may be business 
training schools, licensed when appropriate, which may include 
moving and storage, landscaping, construction, telemarketing, 
secretarial and clerical, retail sales, and temporary' job 
placement. Revenue produced through the operation of business 
training schools shall be placed in the general operating fund. 

(g) Residents shall not receive any income: and 

(h) Programs may accept clients at no charge and shall 
provide an opportunity for clients to pay for their own treatment. 

(i) Each facilitv shall provide or have access to the following 
services: 

( 1 ) a structured environment which emphasizes behavior 
change and cognitive skills: 

(2) assessment of the appropriateness for participation in 
a therapeutic community or referral elsewhere; 

(3) recovery' skills: 

(4) relationship skills; 

(5) communication skills: 



(6) coordination of support services; 

(7) interactive training for employment; 

(8) recreational and enrichment skills; 

(9) life skills which promote self-sufficiency; 

(10) parenting skills; 

(11) drug and crime free education; and 

( 12) after care and transitional living services skills. 

Histo)y Note: .4 uthority G.S. 1 43 B- 1 4 7; 
Eff:.4ugust I. 2000. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0300 - ICF-MR PROSPECTIVE 
RATE PLAN 

.0304 RATE SETTING METHOD FOR NON-STATE 
FACILITIES 

(a) A prospective rate shall be determined annually for each 
non-state facility to be effective for dates of service for a 12 
month rate period beginning each July 1 . The prospective rate 
shall be paid to the provider for every Medicaid eligible day 
during the applicable rate year The prospective rate may be 
determined after the effective date and paid retroactively to that 
date. The prospective rate may be changed due to a rate appeal 
under Rule .0308 of this Section or facility reclassification under 
Paragraph (b) of this Rule. Each non-state facility, except those 
facilities where Paragraph (v) of this Rule applies, shall be 
classified into one of the following groups: 

( 1 ) Group 1 - Facilities with 32 beds or less. 

(2) Group 2- Facilities with more than 32 beds. 

(3) Group 3- Facilities with medically fragile clients. For 
rate reimbursement purposes under this Rule 
medically fragile clients are defined as any individual 
with complex medical problems who have chronic 
debilitating diseases or conditions of one or more 
physiological or organ systems which generall) make 
them dependent upon 24-hour a day 
medical/nursing/health supervision or intervention. 

(4) Facilities in group 1 or 2 in Subparagraph (a)( 1 ) or (2) 
of this Rule shall be further classified in accordance 
to the level of disabilitv of the facility's clients, as 
measured by the Developmental Disabilities Profile 
(DDP) copyrighted assessment instrument which 
along with the scoring instrument are hereby 
incorporated by reference, including subsequent 
amendments and editions. This material is available 
for inspection and copies may be obtained from the 
Division of Medical Assistance, 1985 Uinstead Drive, 
Raleigh, North Carolina 27603 at a cost of twenty 
cents ($.20) per page. A summary' of the levels of 
disability is shown in the following chart: 



♦ 



1871 



NORTH CAROLIN.4 REGISTER 



Mav 14, 1999 



13:22 



APPROVED RULES 



FACILITY DDP SCORE 



Level 

1 

2 
3 
4 

5 

(b) Facilities shall be reclassified into appropriate groups as 
defined in Paragraph (a) of this Rule. 

(1) When a facility is reclassified, the rate shall be 
adjusted retroactively back to the date of the event 
that caused the reclassification. This adjustment shall 
give full consideration to any reclassification based on 
the change in facts or circumstances during the year. 
Overpayments related to this retroactive rate 
adjustment shall be repaid to the Medicaid program. 
Underpayments related to this retroactive rate 
adjustment shall be paid to the provider. 

(2) The provider shall be given the opportunity to appeal 
the merits of the reclassification of any facilit\. prior 
to any decision b\ the Di\ision of Medical 
Assistance. 

(3) The provider shall be notified in writing 30 days 
before the implementation of new rates resulting from 
the reclassification of any facility. 

(4) The providers and the Division of Medical Assistance 
shall make every reasonable effort to ensure that each 
facility is properlv classified for rate setting purposes. 

(5) A provider shall file an\ request for facility 
reclassification in writing with the Division of 
Medical Assistance no later than 60 davs subsequent 
to the proposed reclassification effective date. 

(6) For facilities certified prior to July I. 1993. the 
facility DDP score calculated for fiscal year 1993 
shall be used to establish proper classification at July 
1. 1995. 

(7) For facilities certified after June 30. 1993. the most 
recent facility DDP score shall be used to establish 
proper classification. 

(8) A facility reclassification review shall use the most 
current facility DDP score. 

(9) A facility's DDP score shall be subject to independent 
validation by the Division of Medical Assistance. 

(10) A new facility that has not had a DDP survev 
conducted on its clients shall be categorized as a level 
2 facilitN for rate setting purposes, pending 
completion of the DDP survey. Upon completion of 
the DDP survey, the facility shall be subject to 
reclassification and rates shall be adjusted 
retroactively back to the date of certification. 
Overpavments related to this retroactive adjustment 
shall be paid to the Medicaid program. 
Underpayments related to this retroactive rate 
adjustment shall be paid to the provider 



Low 



High 



200.00 


300.00 


125.00 


199.99 


100.00 


124.99 


75.00 


99.99 


50.00 


74.99 



13:22 



(c) Facility rates under this Rule shall be established at July 
1. 1995. under the following: 

( 1 ) For facilities certified prior to July 1, 1993. rates shall 
be derived from the 1993 cost reports. 

(2) For facilities certified during fiscal year 1993-1994. 
the fiscal year 1994 facility specific cost report shall 
be used to derive rates. 

(3) For facilities certified during fiscal year 1994-1995, 
the fiscal year 1995 facility specific cost report shall 
be used to derive rates. Rates for these facilities shall 
not be adjusted, except for the impact of inflation 
under Paragraph (k) of this Rule, until the fiscal year 
1995 cost report has been reviewed. Rates for these 
facilities shall be adjusted retroactivelv back to JuK 1 . 
1995. once the fiscal year 1995 facility specific cost 
report has been properly reviewed. Overpayments 
related to this retroactive rate adjustment shall be 
repaid to the Medicaid program. Underpavments 
related to this retroactive rate adjustment shall be paid 
to the provider. 

(4) Facilities with rates established during a rate appeal 
proceeding with the Division of Medical Assistance 
during fiscal years 1994 or 1995 shall not have their 
rates established in accordance with Subparagraph 
(c)(1), (c)(2), or (c)(3) of this Rule. The rates for 
these facilities shall remain at the level approved in 
the rate appeal proceeding adjusted only for inflation, 
as reflected in Paragraph (k) of this Rule. 

(d) For facilities certified after June 30, 1993, rates developed 
from filed cost reports for fiscal vears subsequent to 1 993 may 
be retroactively adjusted if there is found to exist more than a 
two percent difference between the filed per diem cost and either 
the desk audited or field audited per diem cost for the same 
reporting period. Rates developed from desk audited cost 
reports ma\ be retroactively adjusted if there is found to exist 
more than a two percent difterence between the desk audited per 
diem cost and the field audited per diem cost for the same 
reporting period. The rate adjustment may be made after written 
notification to the provider 30 da\s prior to implementation of 
the rate adjustment. 

(e) Each prospective rate developed in accordance with 
Subparagraph (c)( 1), (c)(2), or (c)(3) of this Rule consists of the 
sum of two components as follows: 

( 1 ) Indirect care rate. 

(2) Direct care rate. 

(f) A uniform industrv wide indirect care rate shall be 
established for each facility categon. shown under Subparagraph 



NORTH CAROLINA REGISTER 



May 14, 1999 



1872 



aad 



APPROVED RULES 



(a)( 1 ). (a)(2). or (aK3) of this Rule. 

( i ) The indirect rate for group 1 facilities is based on the 
fiftieth percentile of the following costs incurred by 
all group I facilities with six beds or less, except 
those related by common ownership or control to 
more than 40 said facilities: The sum of the cost of 
property ownership and use. administrative and 
general, and operation and maintenance of plant, as 
determined b\ the Myers and Stauffer study 
performed on the 1993 base year cost reports. 

(2) The indirect rate for group 2 facilities is based on the 
fiftieth percentile of the costs noted in Part (0(1 ) of 
this Rule incurred b\ the group 2 facilities, as 
determined b> the Myers and Stauffer stud\ 
performed on the 1993 base year cost reports. 

(3) The indirect rate for group 3 facilities is based on the 
fiftieth percentile of the costs noted in Part (f)( I ) of 
this Rule incurred b> the group 3 facilities, as 
determined b\' the Myers and Stauffer study 
performed on the 1993 base year cost reports. 

(4) The indirect rates established under Subparagraphs 
(f)( I ). (f)(2). and (0(3) of this Rule shall be reduced 
as determined based on industiy cost analysis by an 
amount not to exceed four percent to account for 
expected operating efficiencies. 

(g) The direct care rate for facilities certified prior to July 1, 
1993. shall be based on the Myers and Stauffer stud\ performed 
on the 1 993 base year cost reports. 

( 1 ) The direct care rate for all facilities certified during 
fiscal years subsequent to fiscal year 1 993 is based on 
the first facility specific cost report filed after 
certification. Based on said cost report, the direct care 
rate is equal to the sum of all allowable costs reflected 
in the ICF-MR cost report cost centers, as included in 
the ICF-MR cost report format effective .luK 1 . 1993. 
except for the following indirect cost centers: 

(A) Property Ownership and Use. 

(B) Operation and Maintenance of Plant and 
Housekeeping-Non-Labor. 

(C) Administrative and General. 

(2) The direct care rate shall be limited to the lesser of the 
actual amount incurred in the base year or the cost 
limit derived from the fiftieth percentile of direct care 
costs incurred by the related facility group in the fiscal 
year 1993 base year, based on the Myers and Stauffer 
study. 

(3) The fiftieth percentile cost limit shall be reduced by 
one percent each year, for the four \ear period 
beginning July 1, 1996. in order to account for 
expected operating efficiencies, as determined based 
on industry cost analysis. 

(4) The fiftieth percentile cost limit shall be increased 
each year by price level changes calculated in 
accordance with Paragraph (k) of this Rule. 

(h) The indirect rate shall not be subject to cost settlement. 

( 1 ) Costs above the indirect rate shall not be paid to the 
provider. 

(2) Costs savings below the indirect rate shall not be 



recouped from the provider, 
(i) The direct care rate shall be subject to cost settlement, 
based on the cost report, subject to audit, filed with the Division 
of Medical Assistance. 

( 1 ) Costs above the direct rate shall not be paid to the 
provider. 

(2) Cost savings below the direct rate shall be recouped 
from the provider. 

(j) Facilities with rates established during a rate appeal 
proceeding with the Division of Medical Assistance during fiscal 
>ears 1994 or 1995 ma\ choose to cost settle under the 
provisions of Paragraphs (h) and (i) of this Rule, or under the 
follow ing procedure: 

( 1 ) If, during a cost reporting period, total allowable costs 
are less than total prospective payments, then a 
provider may retain one-half of said difference, up to 
an amount of five dollars ($5.00) per pafient day. The 
balance of unexpended pavments shall be refunded to 
the Division of Medical Assistance. Costs in excess 
of a facility's total prospective payment rate are not 
reimbursable. 

(2) The facilities subject to the Paragraph shall make the 
election on cost settlement methodology on or before 
the filing of the annual cost report with the Division 
of Medical Assistance. 

(3) An election to follow the cost settlement procedures 
of Paragraphs (h) and (i) of this Rule shall be 
irrevocable. 

(4) Rates established for these facilities during future rate 
appeal proceedings shall be subject to the cost 
settlement procedures of Paragraphs (h) and (i) of this 
Rule. 

(k) To compute each facility's current prospective rate, the 
direct and indirect rates established by Paragraphs (0 and (g) of 
this Rule shall be adjusted for price level changes since the base 
year. No inflation factor for any provider shall exceed the 
maximum amount permitted for that provider by federal or state 
law and regulations. 

(I) Price level adjustment factors are computed using 
aggregate costs in the following manners: 

(A) Costs shall be separated into three groups: 

(i) Labor, 
(ii) Non-labor, 
(iii) Fixed. 

(B) The relative weight of each cost group is 
calculated to the second decimal point b> 
dividing the total costs of each group (labor, 
nonlabor. and fixed) b\ the total cost of the 
three categories. 

(C) Price level adjustment factors for each cost 
group shall be established as follows: 

(i) Labor. The percentage change for labor 
costs is based on the projected average 
hourK wage of North Carolina service 
workers. Salaries for all personnel shall 
be limited to levels of comparable 
positions in state owned facilities or 
levels specified b> the Division of 



♦ 



1873 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



APPROVED RULES 



Medical Assistance based upon market 
analysis, 
(ii) Nonlabor. The percentage change for 
nonlabor costs is based on the projected 
annual change in the implicit price 
deflator for the Gross National Product 
as provided by the North Carolina 
Office of State Budget and 
Management, 
(iii) Fixed. No price level adjustment shall 
be made for this category. 
(D) The weights computed in Part (k)(l )(B) of this 
Rule shall be multiplied b\ the rates computed 
in Part (k)(l)(C)ofthis Rule. These weighted 
rates shall be added to obtain the composite 
inflation rate to be applied to both the direct 
and indirect rates. 
(I) Effective July I, 1995. any rate reductions resulting from 
this Rule shall be implemented based on the following deferral 
methodology: 

( 1 ) Rates shall be reduced for the excess of current rates 
over base year costs plus inflation. 

(2) Rates shall be reduced a maximum of 50 percent of 
the fiscal 1996 inflation rate for the excess of actual 
costs over applicable cost limits. This reduction shall 
result in the facility, receiving at a minimum 50 
percent of the 1996 inflation rate. An\ excess 
reduction shall be carried forward to future \ears. 

(3) Total reduction in future years related to the excess 
reduction carried forward fi^om Subparagraph (1)(2) of 
this Rule, shall not exceed the annual rate of inflation. 
This reduction shall result in the facility receiving at 
a minimum the rate established in Paragraph (l)(2) of 
this Rule. Any excess reduction shall be carried 
forward to future years, until the established rate 
equals that generated by Paragraphs (0- (g)- and (k) of 
this Rule. 

(4) Rates calculated based on Subparagraphs (1)(2) and 
(3) of this Rule shall be cost settled based on the 
provisions of Subparagraph (]){\) of this Rule until 
the fiscal \ear that the facilitv receives full price level 
increase under Paragraph (k) of this Rule. 

(A ) A provider may make an irrevocable election to 
cost settle under the provisions of Paragraphs 
(h) and (i) of this Rule during the deferral 
period. 

(B) Once the rates calculated based on 
Subparagraphs (1)(2) and (3) of this Rule reach 
the fiscal year that the facility receives the full 
price level increase under Paragraph (k) of this 
Rule, then said flscal year's rates shall be cost 
settled based on Paragraphs (h) and (i) of this 
Rule. 

(C) Chain providers are allowed to file combined 
cost reports, for cost settlement purposes, for 
facilities that use the same cost settlement 
methodology and have the same uniform rate. 

(D) A provider may elect to continue cost 



settlement under Subparagraph (j )( I ) of this 

Rule after the deferral period expires. Said 

election shall be made each year. 30 days prior 

to the cost report due date. 

(m) The initial rate for facilities that have been awarded a 

Certificate of Need is established at the lower of the fair and 

reasonable costs in the provider's budget, as determined by the 

Division of Medical Assistance, or the projected costs in the 

provider's Certificate of Need application, adjusted from the 

projected opening date in the Certificate of Need application to 

the current rate period in which the facility is certified based on 

the price level change methodology set forth in Paragraph (k) of 

this Rule, or the rate currentK paid to the owning provider, if the 

provider currently has an approved chain rate for facilities in the 

related facility category. The rate may be rebased to the actual 

cost incurred in the first full year of normal operations in the 

year an audit of the first year of normal operation is completed. 

( 1 ) In the event of a change in ownership, the new owner 
receives no more than the rate of pavment assigned to 
the previous owner. 

(2) Except in cases wherein the provider has failed to file 
supporting information as requested by the Division 
of Medical Assistance, initial rates shall be granted to 
new enrolled facilities no later than 60 days from the 
provider's filing of properly prepared budgets and 
supporting information. 

(3 ) The initial rate for a new facility shall be applicable to 
all dates of service commencing with the date the 
facility is certified by the Medicaid Program. 

(4) The initial rate for a new facility shall not be entered 
into the Medicaid pavment system until the facility is 
enrolled in the Medicaid program and a Medicaid 
identification number has been assigned to the facility 
by the Division of Medical Assistance. 

(n) A provider with more than one facility may be allowed to 
recover costs through a combined unifomi rate for all facilities. 

( 1 ) Combined unifomi rates for chain providers shall be 
approved upon written request from the provider and 
after review by the Division of Medical Assistance. 

(2) In determining a combined unifomi rate for a 
particular facilitv group, the weighted average of each 
facility's rate, calculated in accordance to all other 
provisions of this Rule, shall be used. 

(3) A chain provider with facility(s) that fall under 
Paragraphs (h) and (i) of this Rule and with facilit\'(s) 
that fall under Subparagraph (1)(4) of this Rule may 
elect to include the facilities in a combined cost report 
and elect to cost settle under either Paragraphs (h) and 
(i) or Subparagraph (l)(4) of this Rule. The cost 
settlement election shall be made each year. 30 days 
prior to the cost report due date. 

(o) Each out-of-state provider shall be reimbursed at the 
lower of the applicable North Carolina rate, as established b\ 
this Rule for in-state facilities, or the provider's per diem rate as 
established by the state in which the provider is located. An out- 
of-state provider is defined as a provider that is enrolled in the 
Medicaid program of another state and provides ICF-MR 
services to a North Carolina Medicaid client in a facilit\ located 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1874 



■ ■uii.;.iu...i.ji.— jjiju...i^m.:j-„.»«^i>..»» »iM...»«.. w.~^.-r,^,-.n- — ^„.^r„- 



APPROVED RULES 



in the state of enrollment. Rates for out-of-state providers are 
not subject to cost settlement. 

(p) Under no circumstances shall the Medicaid per diem rate 
exceed the private pa\ rate of a facilit\. 

(q) Should the Division of Medical Assistance be unable to 
establish a rate for a facility, based on this Rule and the 
applicable facts known, the Division of Medical Assistance may- 
approve an interim rate. 

(1) The interim rate shall not exceed the rate cap 
established under this Rule for the applicable facility 
group. 

(2) The interim rate shall be replaced by a permanent rate, 
effective retroactive to the commencement of the 
interim rate, by the Division of Medical Assistance, 
upon the determination of said rate based on this Rule 
and the applicable facts. 

(3) The provider shall repay to the Division of Medical 
Assistance any overpayment resulting from the 
interim rate exceeding the subsequent permanent rate. 

(r) In addition to the prospective per diem rate developed 
under this Rule, effective July 1. 1992. an interim payment add 
on shall be applied to the total rate to cover the estimated cost 
required under Title 29. Part 1910. Subpart 2. Rule 1910.1030 
of the Code of Federal Regulations. The interim rate shall be 
subject to tlnal settlement reconciliation with reasonable cost to 
meet the requirements of Rule 1910.1030. The final settlement 
reconciliation shall be effectuated during the annual cost report 
settlement process. An interim rate add on to the prospecti\e 
rate shall be allowed, subject to final settlement reconciliation, 
in subsequent rate periods until cost history is available to 
include the cost of meeting the requirements of Rule 1910.1030 
in the prospective rate. This interim add on shall be remo\ed. 
upon 10 days written notice to providers, should it be determined 
by appropriate authorities that the requirements under Title 29. 
Part 191 0. Subpart 2. Rule 1 9 1 0. 1 030 of the Code of Federal 
Regulations do not apply to ICF-MR facilities. 

(s) All rates, except those noted otherwise in this Rule, 
approved under this Rule are considered to be pennanent. 

(t) In the e\ent that the rate for a facility, cannot be de\ eloped 
so that it shall be effective on the first day of the rate period, due 
to the provider not submitting the required reports by the due 
date, the average rate for facilities in the same facility group, or 
the facility's current rate, whichever is lower, shall be in effect 
until such time as the Division of Medical Assistance can 
develop a new rate. 

(u) When the Division of Medical Assistance develops a new 
rate for a facilit}, for which a rate was paid in accordance with 
Paragraph (t) of this Rule, the rate developed shall be effective 
on the first day of the second month following the receipt by the 
Division of Medical Assistance of the required reports. The 
Division of Medical Assistance may. upon its own motion or 
upon application and cause related to patient care shown by the 
provider, within 60 days subsequent to submission of the 
delinquent report, make the rate retroactive to the beginning of 
the rate period in question. Any overpayment to the provider 
resulting from this temporary rate being greater than the final 
approved prospective rate for the facilitx shall be repaid to the 
Medicaid Proaram. 



(v) ICF-MR facilities meeting the requirements of the North 
Carolina Division of Facility Services as a facility affiliated with 
one or more of the four medical schools in the state and 
providing services on a statewide basis to children with various 
developmental disabilities who are in need of long-term high 
acuity nursing care, dependent upon high technology machines 
(i.e. ventilators and other supportive breathing apparatus) 
monitors, and feeding techniques shall have a prospective 
payment rate that approximates cost of care. The payment rate 
may be reviewed periodically, no more than quarterly, to assure 
proper payment. A cost settlement at the completion of the fiscal 
period year end is required. Payments in excess of cost are to be 
returned to the Division of Medical Assistance. 

(w) A special payment in addition to the prospective rate shall 
be made in the year that any provider changes from the cash 
basis to the accrual basis of accounting for vacation leave costs. 
The amount of this payment shall be determined in accordance 
with Title XVIII allowable cost principles and shall equal the 
Medicaid share of the vacation accrual that is charged in the year 
of the change including the cost of vacation leave earned for that 
year and all previous years less vacation leave used or expended 
o\ er the same time period and vacation leave accrued prior to the 
date of certification. The payment shall be made as a lump sum 
payment that represents the total amount due for the entire fiscal 
year. An interim payment may be made based on an estimate of 
the cost of the vacation accrual. The payment shall be adjusted 
to actual cost after audit. 

(x) The annual prospective rate, effective beginning each July 
1. for facilities that commenced operations under the Medicaid 
Program subsequent to the base year used to establish rates, and 
therefore did not file a cost report for the base year, shall be 
based on the facilir\'s initial rate, established in accordance with 
Paragraph (m) of this Rule, and the applicable price level 
changes, in accordance vsith Paragraph (I) of this Rule. 

(y) Effective for fiscal years beginning on or after fiscal year 
1998, installation cost of Fire Sprinkler Systems in an ICF-MR 
Facility shall be reimbursed in the following manner. 

( 1 ) Upon receipt of the documentation listed in Parts (A) 
through (E) of this Subparagraph, the Division of 
Medical Assistance shall reimburse directly to the 
provider 90 percent of the verified cost. 

(A) All related invoices. 

(B) Verification from the Division of Facility 
Services that the Sprinkler System is needed to 
maintain certification for participation in the 
Medicaid program. 

(C) Statement fi'om appropriate authorities that the 
Sprinkler System has been installed. Examples 
of appropriate authorities for this purpose 
would include local building inspectors, 
insurance company inspectors, or the 
construction section of the Division of 
Facilities Services. 

(D) Three bids to install the system. 

(E) Prior approval from the Division of Medical 
Assistance for any installation projected to cost 
more than t\sent\-five thousand dollars 
(S25.000). Prior approval shall be granted 



♦ 



1875 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



APPROVED RULES 



based upon determination by the Divisions of 
Medical Assistance that the cost is reasonable 
considering the specifics of the installation. 
The burden to provide adequate documentation 
that the cost is reasonable is the responsibility 
of the provider. 

(2) The unreimbursed installation cost shall be 
reimbursed after audit through the annual Cost 
Settlement Process. This portion shall be offset b\ 
profits, after taking into consideration any indirect 
profits and direct losses. Any overpayments 
determined after audit shall be returned to the 
program by the provider through the annual cost 
settlement process. 

(3) The installation of the Sprinkler System is subject to 
Prudent Buyer Standards contained in the HCFA-15. 

(4) The Sprinkler System's installation costs shall be 
recorded on the provider's ICF-MR Cost Report. 

History Note: Filed as a Temporary Amendment Eff July 8. 

1993 for a period of ISO days or until the permanent ride 

becomes effective, whichever Is sooner: 

Authority G.S. J08A-25(b): 108A-54: I08A-55: 42C.F.R. Part 

44''. Subpart C: 

Eff. December I. 1984: 

Amended Eff. August 1. 1995: November I. 1993: March 1. 

1988: January 1. 198^: 

Temporary .Amendment Eff. August '. 1998: 

Amended Eff August 1, 2000. 



TITLE 15A - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21H - SICKLE CELL SYNDROME: 

GENETIC COUNSELING: CHILDREN 

AND YOUTH SECTION 

SECTION .0100 - SICKLE CELL SYNDROME 
PROGRAM 

.0111 MEDICAL SERVICES PROVIDED 

(a) The North Carolina Sickle Cell Svndrome Program shall 
provide services onlv when the\ are not available chrough other 
sources or agencies. Prior to requesting services, it shall be 
determined that the patient is not eligible for services through the 
division of services for the blind; Medicaid and Medicare 
programs: school health program; vocational rehabilitation; 
workmen's compensation or civilian health and medical 
programs of the unifonned services (CHAMPUS). 

(b) If an individual meets the eligibility requirements, he shall 
be provided the following medical services: 

(1) inpatient care: 

(2) routine visits to the physician: 

(3) prescription drugs; 



(4) general analgesics; 

(5) appliances: 

(6) preventive and limited maintenance dentistry ; 

(7) obstetrical care (excluding delivery of baby); 

(8) eye care (when the division of services for the blind 
will not provide coverage); 

(9) psychiatric: and 

(10) psychological counseling. 

Hlstoiy Note: Filed as a Temporary Amendment Eff. October 

14. 1998. for a period of 180 Days to Expire on .April 12. 1989: 

Filed as a Temporary Amendment Eff. November 7. 1983. for a 

period of 1 20 Days to Expire on March 4. 1984: 

Authority G.S. 130A-129: 

Eff Februaiy 1. 19'^ 6: 

Amended Eff. .April 22. 19''7: 

Readopted Eff. December 5. 1977; 

Amended Eff October I. 1984: July 1. 1982: January 1. 1982: 

Expired Temporary Amendment Eff. April 12, J 989: 

Amended Eff. September 1. 1990: 

Temporaiy .Amendment Eff. June 19. 1996: 

Temporary Amendment Expired on March 11, 1997; 

Amended Eff August 1, 2000. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

CHAPTER U - NORTH CAROLINA BOARD OF 
EMPLOYEE ASSISTANCE PROFESSIONALS 

SECTION .0100 - ADMINISTRATION 

.0101 SCOPE 

(a) This Chapter sets forth rules for the North Carolina Board 
of Employee Assistance Professionals. 

(b) The mailing address of the Board is P. 0. Box 10344. 
Raleigh. North Carolina 27605-0344. 

Hlstoiy Note: Authority G.S. 90-509: 
Temporary Adoption Eff. May 5. 1998: 
Eff Ausust I, 2000. 

.0104 LICENSE APPLICATION 

(a) An application shall not be considered complete unless it 
is submitted using the Board's fomi and unless the Board has 
received the application fee. 

(b) Both an initial and renewal license are valid for a period 
of three years. 

History Note: Author it) G.S. 90-503: 
Temporary .Adoption Eff. May 5. 1998: 
Eff .Ausust 1. 2000. 

.0105 TRANSCRIPTS AND OTHER SUPPORTING 
DOCUMENTS 

(a) Official educational transcripts submitted to support an 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



llililllllMlllillliM 



mupuimni 



IH76 



APPROVED RULES 



application for licensure shall be submitted to the Board directly 
from the educational institution. 

(b) An applicant shall provide documents and information to 
support claimed educational credentials if transcript course titles 
are ambiguous and do not convey the content of courses. Such 
documents may be official catalog descriptions, course syllabi, 
reading lists, term papers, theses and written research. 

(c) A current copy of an applicant's certification by the 
Employee Assistance Certification Commission, as an employee 
assistance professional, shall be submitted with the application. 

History Note: Authorit}' G.S. 90-503: 
Temporaiy Adoption EJf. May 5, 1998; 
Eff. August I, 2000. 

.0106 REVIEW OF APPLICATIONS 

(a) The Board shall review each completed initial application 
for licensure and issue a license to an applicant who meets the 
requirements for licensure. 

(b) The Board shall review each completed application for 
renewal of licensure and issue a renewal license to an applicant 
who meets the requirements for renewal. 

(c) Upon application for an initial or renewal license, each 
applicant shall agree, in writing, to comply with the Employee 
Assistance Certification Commission Code of Professional 
Conduct and the Employee Assistance Professional Association 
Code of Ethics. 

Histoiy Note: Authority G.S. 90-502: 90-504: 90-505: 
Temporaiy Adoption Eff. May 5.1998: 
Efi: .August I. 2000 

.0107 NOTICE OF DENIAL OF INITIAL OR 
RENEWAL APPLICATION 

(a) The Board shall notif\ each applicant, in writing, of the 
reason for which an application for initial licensure 

or renewal of licensure was denied. 

(b) The applicant shall have the right to file a petition for a 
contested case hearing in accordance with G.S. 1508, Article 
3A. 

History Note: Authorit}' G.S. 90-502: 150B-38: 
Temporary .Adoption Eff .May 5. 1998: 
Eff .August I. 2000. 

.0108 DISCIPLINARY ACTION/HEARING 

(a) The Board shall impose reasonable discipline for conduct 
it finds in violation of G.S. 90-509. only after conducting a 
hearing in accordance with G.S. 150B, Article 3 A. 

(b) Board disciplinary action may include: 
admonishment: a serious warning for mild 
misconduct; 

reprimand: a public rebuke and sanction for 
misconduct, which may require follow-up actions by 
the licensee; 

suspension: withdrawal of the privilege of using the 
title of Licensed Employee Assistance Professional 
during the time frame specified b\ the Board; and 



(4) revocation: permanent withdrawal of the privilege of 
using the title of Licensed Employee Assistance 
Professional. A Licensed Employee Assistance 
Professional whose license is revoked by the Board 
must surrender the license certificate to the Board; 

(c) Any disciplinary action may be suspended for a 
reasonable period not to exceed one year upon such terms and 
conditions as the Board deems appropriate, if in the sole 
discretion of the Board, it is in the best public interest to do so. 

(d) Notification of final disciplinary action shall be made to 
the Employee Assistance Professionals Association and the 
Employee Assistance Certification Commission, within 30 days 
of the final action taken by the Board. 

Histoiy Note: .Authority G.S. 90-509: I50B-40: I50B-4J: 
Temporaiy .Adoption Eff. May 5.1998: 
Eff Ausust L 2000. 

.0110 ETHICAL STANDARDS 

(a) The Code of Professional Conduct for Certified Employee 
Assistance Professionals. Fourth Edition are hereby incorporated 
b\ reference. This referenced material shall include any editions 
and amendments promulgated by the Employee Assistance 
Certification Commission. It may be obtained at no cost from 
the EACC/Certification Department/EAPA. 2101 Wilson Blvd.. 
Suite 500. Arlington. Virginia 22201-3022. 

(b) The Employee Assistance Professionals Association Code 
of Ethics is hereby incorporated by reference. This referenced 
material shall include any subsequent editions and amendments. 
It may be obtained at no cost from the EACC/Certification 
Department/EAPA. 2101 Wilson Blvd.. Suite 500, Arlington. 
Virginia 2220 1-3022. 

Histoiy Note: Authority- G.S. 90-509: 
Temporaiy Adoption Eff. May 5. 1998: 
Eff Ausust 1, 2000. 

.0112 PENALTIES 

In accordance with G.S. 90-506 when requested, the Board 
shall review its assessment of a civil penalty against an 
individual in a contested case hearing as set forth in G.S. I50B. 
Article 3A. 

Histoiy Note: .Autlmrity G.S. 90-506: 1508-38: 150B-39: 
Temporary .Adoption Eff May 5, 1998: 
Eff Ausust 1, 2000. 



(1) 
(2) 

(3) 



1877 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



13:22 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. May 20. 1999, 10:00 
a.m. , at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Monday, 
May 17. 1999, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 9 1 9- 



733-272 1 . Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior to 
the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 
John Arrovvood 

Laura Devan 

Jim Funderburke 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White. 2"^ Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



April 15,1999 
May 20. 1999 
June 17. 1999 
July 15. 1999 
August 19. 1999 



September 16, 1999 
October 21. 1999 
November 18, 1999 
December 16, 1999 



LOG OF FILINGS 
RULES SUBMITTED: MARCH 20, 1999 THROUGH APRIL 20, 1999 



AGENCY /DIVISION 



RULE NAME 



RILE 



DENR/MARINE FISHERIES COMMISSION 

Special Rules, Joint Waters 

DENR/COASTAL RESOURCES COMMISSION 

Purpose 

Approval Procedures 
Permit Fee 
General Conditions 
Specific Conditions 

STATE BOARDS/N C AUCTIONEERS COMMISSION 

Board Office 2 1 NC AC 4B .0 1 02 

STATE BOARDS/N C LICENSING BOARD FOR GENERAL CONTRACTORS 

Elisibilitv 21 NCAC 12 .0204 



15 NCAC 30 .0107 



15 NCAC 7H .2401 
15 NCAC 7H .2402 
15 NCAC 7H .2403 
15 NCAC 7H .2404 
15 NCAC 7H .2405 



ACTION 



Amend 



Amend 
Amend 
Amend 
Amend 
Amend 



Amend 



Amend 



RULES REVIEW COMMISSION 

April 15, 1999 
MINUTES 

The Rules Review Commission met on April 15, 1999, in the Assembly Room of the Methodist Building. 1307 Glenwood Avenue. 
Raleigh. North Carolina. Commissioners in attendance were Chairman Paul Powell. Steven P. Rader. R. Palmer Sugg. Jim 



13:22 



NORTH CAROLINA REGISTER May 14, 1999 



1878 



■iMiMWimniiiiJiiiLimiiMiiiuiMLiMjimniiiiinn 



»!.HJJIi«l.m<ll.J-..»«^r..i.«,L»».».N.^»-...,%.,», 



RULES REVIEW COMMISSION 



Funderburk. Laura Devan. John Arrowood, Mark P. Garside. and George S. Robinson. 

Staff members present were: Joseph J. DeLuca. Staff Director; Bobby Bryan. Rules Review SpeciaHst: Celia Cox; and Sandy 
Webster. 



I 



The following people attended: 

Thomas R. West Poyner& Spruill 

Jack Watts N C Board of Pharmacy 

Denise Stanford N C Board of Pharmacy 

Marcy Dion NCMS 

Dedra Alston DENR 

Ann Christian Attorney 

Emily Lee Transportation 

Barbara Rote DENR/Wildlife Resources Commission 

APPROVAL OF MINUTES 

The meeting was called to order at 10:03 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the March 1 8. 1999 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

10 NCAC 3R .6112: DHHS Medical Care Commission - The Commission voted to return the rule to the agency. 

17 NCAC 6B .0118: DEPARTMENT OF REVENUE - The rewritten rule submitted by the agency was approved by the 
Commission. 

2 1 NCAC 46 . 1 804: N C Board of Pharmacy - The rewritten rule submitted by the agency was objected to by the Commission due 
to lack of necessity. Based on comments by Pharmacy Board member Jack G. Watts and answers to questions from the ^ 
Commissioners it appears that the rule either will not accomplish what the Board desires or else statutory provisions are already 
sufficient. Commissioner Rader voted not to object. 

2 1 NCAC 46: N C Board of Pharmacy - The request for a declaratory ruling was tabled on a motion by Commissioner Arrowood. 

LOG OF FILINGS 

Chainnan Powell presided over the review of the log and all rules were unanimously approved with the following exceptions: 

15A NCAC lOB .0105: DENR/Wildlife Resources Commission - The Commission objected to this rule due to ambiguity. In (a)(3). 
the rule provides that a limited number of swan pemiits will be issued by the Wildlife Resources Commission. It is not clear how 
the number will be determined. This objection applies to existing language in the rule. 

ISA NCAC lOB .0212: DENR^'Wildlife Resources Commission -The Commission objected to this rule due to ambiguity. Paragraph 
(b)(2) sets the bag limit for foxes at the number of tags allotted for a county. It is not clear how many have been allotted for each 
county; This objection applies to existing language in the rule. 

COMMISSION PROCEDURES AND OTHER MATTERS 

Mr. DeLuca stated that Celia Cox has joined our office replacing Glenda Gruber and that there is a salary adjustment plan in place 
before the Personnel Commission to allow her a raise. Mr. DeLuca may be on jury duty next month if he cannot get a defemient. 



The next meeting will be on May 20, 1999. 

The meeting adjourned at 1 1 :25 a.m. 

Respectfully submitted, 
Sand\ Webster 



( 



1879 NORTH CAROLINA REGISTER May 14, 1999 13:22 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index- 
to all recent contested cases decisions which are filed under North Carolina's Adniinistrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings. (919) 733-2698. Also, the Contested Case Decisions are available on the Internet at the following 
address: http://www.state.nc.us/OAH/hearings/decision/caseindex.htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief .Administrative Law Judge 

JULIAN MANN. Ill 

Senior .Administrative Law Judge 

FRED G.MORRISON JR. 

ADMIMSTRA Til E LAW Jl DGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 
Meg Scott Phipps 



Robert Roosevelt Reilly Jr. 
Dolores O. Smith 
Ber\l E. Wade 



AGENCY 



CASE 
MMBER 



ALJ 



DATE OF 
DEC ISION 



PIBLISHED DECISION 
REGISTER ( IT.ATION 



ADMIMSTR.ATION 

Occaneechi Band of the Saponi Nation \ NC Comm of Indian Affairs 96 DOA 0006 Smith 

Carlton L Coleman v Administration. Dnision of Purchase and Contract 98 DOA 1016 Phipps 
Unique Printing, Inc \ NC A&T, Bobh\ E Aldnch. Dir of Purchasing. 98 DOA 1743 Owens 

NC A&T, and EveKn H Gales. Asst Dir of Purchasine. NC A&T 



1 2/07/98 
12/16/98 
02/15/99 



13 13 NCR 1075 



ADMIMSTR\TIVE HEARINGS. OFFICE OF 

Steven Todd McKinnon \ Office of .Administrative Hearings 
Henr> E Travuick V OtTiceof .Administrative Hearings 

ALCOHOLIC BEVER.\GE CONTROL COMMISSION 

Alcoholic Beverage Control Commission v Kenneth .lerome 
Alcoholic Beverage Control Commission v .lesse .lacoh .lo>ner. .It 
Alcoholic Beverage Control Cammission v Trade Oil Companv. Inc 
Alcoholic Beverage Control Commission v Las Palmas of Newlon. Inc 
Alcoholic Beverage Control Commission \ Panlana Bobs. Inc 
Alcoholic Beverage Control Comm \ Partnership T'.A C & .I's Shipwreck 
Alcoholic Beverage Control Comm v Abdelhakeem Murawch Saleh 
Alcoholic Beverage Control Comm \ Harold Webster Hadnott 
Alcoholic Beverage Control Commission v Axis Entertainment 
Sokha Huor Ramadneh \ Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission \ Delores Williams .AInaqib 
.Alcoholic Beverage Control Commission \ Axis Entertainment 
.Alcoholic Beserage Control Commission v .lames .Aubre> Stephenson 
Alcoholic Be\erage Control Commission \ Bridgette Dee V\illiams 
Alcoholic Beverage Control Commission \ Robert Lee. Inc 
.Alcoholic Beverage Control Comm v Partnership. T'.A Vanetv Pic Up #21 
Tarus Jackson v Alcoholic Beverage Control Commission 
Linda Melton Hams v Alcoholic Beverage Control Commission 
and 
Cit\ of Charlotte 
Alcoholic Beverage Control Comm \ Simple Elegance Restaurants, Inc 
Alcoholic Beverage Control Comm \ Daniel Hinton Green 
.Alcoholic Beverage Control Comm \ Zaheer Ahmad Bajwa 
Alcoholic Beverage Control Comm \ Partnership T/A Club Old Times 
.Alcoholic Beverage Control Comm \ Kendall L Brumbv 
.Alcoholic Beverage Control Comm \ .lerald Taft Ho\iell. Jr 



99 OAH 0082 


Phipps 


03/09/99 




99 OAH 0464 


Owens 


04/22/99 




97 ABC 1 205 


Phipps 


07/23/98 




97 ABC 1438 


Phipps 


06/19/98 




98 ABC 0033 


Reillv 


08/21/98 




98 ABC 0189 


Grav 


03/l2.'99 




98 ABC 0293 


ReillK 


09/17/98 


13 II NCR 933 


98 ABC 0296 


Morrison 


08/19/98 




98 ABC 0308 


Grav 


02/16/99 




98 ABC 0324 


Smith 


12/02/98 




98ABC0357*- 


Reillv 


07/02/98 




98 ABC 0382 


Smith 


06/30/98 


1 3 03 NCR 350 


98 ABC 0392 


Chess 


07/30/98 




98 ABC 0401*' 


Reillv 


07/02/98 




98 ABC 04^4 


Chess 


09/01/98 




98 ABC 051 11 


Reillv 


08/11/98 




'58 ABC 0518 


Grav 


08/11/98 




98 ABC 0714 


Morrison 


1 0/09/98 




98 ABC 0768 


Smith 


07/13/98 




98 ABC 0820 


Owens 


02/26/99 




98 ABC 0850 


Phipps 


10/26/98 




98 ABC 0889 


Morrison 


11/06/98 




98 ABC 0960 


Owens 


1 0/30/98 




98 ABC 1071 


Owens 


01/29/99 




98 ABC 1158 


Chess 


03/05/99 




98 ABC 1171 


Smith 


1 2/03/98 





13:22 



NORTH CAROLINA REGISTER 



Mav 14, 1999 



1880 



■a 



^Kssas 



^aj^smies^iaaamm 



Bsa 



CONTESTED CASE DECISIONS 



AGENCY 

Alcoholic Beverage Control Comm v Kendall L Brumby 
Alcoholic Beverage Conlrol Commission v Ronald Hardman 
Alton Ollivierra Pern v Alcoholic Beverage Control Commission 
Nedall Hassan Ahmad Hassan v Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm v Khaled Mohamad Alzer 
Alcoholic Beverage Control Comm v Ahdelhakeem M Saleh 
William Randall Banks v Alcoholic Beverage Control Commission 
Alcoholic Bev Control Comm \ Partnership T/A Alston's Conv Store 
Alcoholic Beverage Control Comm \ Fast Fare. Inc. 
Geo D Bishop T/A The Next Le\el \ Alcoholic Bev Control Comm 
Alcoholic Beverage Control Comm v Frank Talley 
Yahya Ahamed Abullah Mosed v Alcoholic Beverage Control Comm 
Alcoholic Beverage Control Comm v Cynthia Van Dassan 
Alcoholic Beverage Control Comm \ Kevad Atallah Salahaldeen T/A 

Bravo Mini Mart 
Phillip Allen Powell. Monika K Powell, .lana Vlasta Kozlik \ Doyle 

D Allev. ABC Commission. Shon Tallev. ALE Agent 



CASE 




DATE OF 


MMBER 


AIJ 


DECISION 


98 ABC 1204 


Chess 


03/03/99 


98 ABC 1249 


Grav 


03/29/99 


98 ABC 1298 


Owens 


11/23/98 


98 ABC 1320 


Grav 


03/18/99 


98 ABC 132) 


Grav 


02/05/99 


98 ABC 1341 


Morrison 


02/12/99 


98 ABC 1355 


Grav 


02/10/99 


98 ABC 1374 


Chess 


02/16/99 


98 ABC 1398 


Gray 


02/02/99 


98 ABC 1415 


Chess 


03/24/99 


98 ABC 1452 


Phipps 


02/08/99 


98 ABC 1470 


Chess 


03/05/99 


98 ABC 1478 


Reilly 


03/15/99 


98 ABC 1624 


Grav 


03/30/99 


99 ABC 0036 


Smith 


02/23/99 



PI BLISHED DECISION 
REGISTER CITATION 



( 



BOARD OF C ONTRACTORS 

Heritage Pointe Builders. Inc & Patrick Hannon \ Bd ot'Contractors 

CRIME CONTROL AND PI BLIC SAFETY 

Loretta Battle v Crime Victims Compensation Commission 
Cynthia Austin v Crime Victims Compensation Commission 
Marcella Skaggs \ Crime Victims Compensation Commission 
Talmadge E Mchenry v Crime Victims Compensation Commission 
Linda Caldwell Wiggins v Crime Victims Compensation Commission 
Kenneth T Lylle v Crime Victims Compensation Commission 
Shirley Henr>hand v Crime Victims Compensation Commission 
Brenda.lean Thomas v Crime Victims Compensation Commission 
Tareyton L Johnson v Crime Victims Compensation Commission 
Mia Thompson-Clark v Crime Victims Compensation Commission 
Godfrey Akenahor \ Crime Victims Compensation Commission 
Terry Ramey d/b/a Ramey's Wrecker Svc v NC State Highwa\ Patrol 
Valine II Thompson v Crime Victims Compensation Commission 
Riitlis K Williams V Department ol Crime Control & Public Safety 
Aaron Anouna Pmkney v Crime Victims Compensation Commission 
Faye E Powell v Crime Victims Compensation Commission 
Hubert Lee Grant v Crime Victims Compensation Commission 
Mary Elizabeth Troutman v Crime Victims Compensation Comm 
Brenda H Alston v Crime Victims Compensation Commission 
Shirley P Chen v Crime Victims Compensation Commission 
Lorine Smith \ Crime Victims Compensation Commission 
Catherine Walker \ Crime Victims Compensation Commission 
Martha Bumpass \ Crime Victims Compensation Commission 
Kenneth B Hall, Sr v Crime Victims Compensation Commission 
DunnicG Smith v Crime Victims Compensation Commission 
Felicia House v Crime Victims Compensation Commission 
■Antonia F Jones v OtTice of .Administratne Hearings 
Leon A Vereen v Crime Victims Compensation Commission 
John D Cutshav\ v Crime Victims Compensation Commission 
Roswell Foreman. F Mac Hodges v Crime Victims Compensation Comm 

EN(;i\EERS AND SI RVE\ ORS. BOARD OF EXAMINERS FOR 

Thomas A Truelo\e. Jr , PL \ Bd /Examiners/Engineers and Suneyors 
Kenneth D Suttles v Bd /Registration/Engineers and Land Surveyors 

ENV IRONMENT AND NATl RAL RESOl RCES 

Albert C Wright. Jr \ Environment. Health. & Natural Resources 
Albert C Wright. Jr v En\ironment. Llealth. & Natural Resources 
Ladane Williamson and Odell Decarol Williamson v DENR 
Teresa Hellin \ Department of EnMronment and Natural Resources 
Ronald Prater v Department of Environment and Natural Resources 
.Alltel Carolina. Inc \ Dept of Environment and Natural Resources 
James F Smith \ Department of Environment and Natural Resources 
William Hickman \ Department of L.n\ ironment and Natural Resources 
Hickory Alliance v Depanment of Environment and Natural Resources 

and 
Godfrey Lumber Companv, Inc 
John M Silvia V Department of Environment and Natural Resources 
Godfrey Lumber Coinpany. Inc v Dept /Environment & Natural Resources 

and 
Hickon Alliance 
Gregory B Jackson. Brenda R Jackson v Greene Ct\ HIth Dept , FNR 



97 LBC 0243 


Phipps 


08/17/98 






97 CPS 0654 


Gray 


08/10/98 






97CPS 1499 


Reilly 


08/12/98 


13 05 NCR 


533 


98 CPS 0065 


Owens 


06/05/98 






98 CPS 0116 


Grav 


06/24/98 






98 CPS 01 53 


Chess 


08/27/98 






98 CPS 01 76 


Reilly 


07/06/98 






98 CPS 0263 


Morrison 


08/11/98 






98 CPS 03 14 


Morrison 


08/11/98 






98 CPS 0327 


Reilly 


09/02/98 






98 CPS 0349 


Chess 


05/14/98 






98 CPS 0427 


Owens 


I 0/30/98 


13 12 NCR 


1015 


98 CPS 0460 


Smith 


02/22/99 






98 CPS 0674 


Morrison 


11/18/98 






98 CPS 0676 


Morrison 


10/23/98 






98 CPS 0699 


Chess 


03/10/99 






98 CPS 0808 


Owens 


08/28/98 






98 CPS 0839 


Morrison 


10/21/98 


13 lONCR 


853 


98 CPS 0901 


Smith 


11/12/98 






98 CPS 0952 


Phipps 


11/10/98 






98 CPS 1015 


Phipps 


09/1 7/98 






98 CPS 1050 


Gray 


02/15/99 






98 CPS 1 1 29 


Gray 


02/15/99 






98 CPS 1154 


Gray 


02/15/99 






98 CPS 1170 


Mann 


12/21/98 






98 CPS 1201 


Reilly 


1 /04/99 






98 CPS 1273 


Smith 


01/25/99 






98 CPS 1403 


Gray 


01/29/99 






98 CPS 1525 


Chess 


03/03/99 






98 CPS 1646 


Mann 


03/25/99 






98 CPS 1695 


Morrison 


04/08/99 






98 ELS 0047 


Mann 


11/12/98 


13 12 NCR 


1035 


98 ELS 0099 


Mann 


02/09/99 


13 I8NCR 


1578 


96EHR0610*'" 


Gray 


01/29/99 






96EHR0630*'" 


Gray 


01/29/99 






96EHR 1926 


Gray 


09/01/98 


13 07 NCR 


609 


97 EHR 0409 


Morrison 


07/29/98 






97EHR045I 


ReilK 


07/02/98 






97 EHR 0729 


Grav 


01/28/99 






97 EHR 1365 


Chess 


07/17/98 






97 EHR 1388 


Grav 


1 1 /06/98 


13 11 NCR 


928 


97 EHR 1 607 


Reilly 


07/17/98 






97 EHR 1646 


Chess 


06/03/98 






97 EHR 1676 


Reilly 


07/17/98 






'38 EHR 0042 


Reillv 


07/02/98 " 







< 



4 



IHHl 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NIMBER 



AU 



DATE OF 
DECISION 



PI BLISHED DECISION 
REGISTER ( ITATION 



Robert G GotT, Sr v Department of Environment and Natural Resources 98EHR0072*' Gray 

Scotland Water, Cedar Circle V Environment and Natural Resources 98 EHR 0236 Smith 

W'omble & Company V Dept of Environment and Natural Resources 98 EHR 0345 Chess 

Eric Glenn Harrison v Environment and Natural Resources 98 EHR 0373 Reilly 

Robert G Gotl. Sr v Department of Environment and Natural Resources 98 EHR 0448*- Gray 

Mid South Water Systems. Inc v En\ ironment and Natural Resources 98 EHR 0548 Gray 

Wilbur E Earp V Department of Environment and Natural Resources 98 EHR 0606 Smith 

Debra Clements \ Department of Environment and Natural Resources 98 EHR 0609 Owens 

Norell Bahrs v Carteret Ct\ Health Dept . DENR 98 EHR 0884 Owens 

Charles Davis \ Department of En\ ironment and Natural Resources 98 EHR 0890 Owens 

JC Faw V Department of Environment and Natural Resources 98 EHR 0957 Gray 

Unicon Concrete, Inc v Dept of Environment and Natural Resources 98 EHR 0990 Mann 

Hugh & Bonnie Mills V Dept of Environment and Natural Resources 98 EHR 1090 Phipps 

,lanice Spruill V Department of Environment and Natural Resources 98 EHR 1215 Reilh 

JM's Professional Construction Svcs , Etd v DENR 98 EHR 1217 Owens 

Ronald E Bennetts Environment and Natural Resources 98 EHR 1237 Owens 

Don W Hunt v Halifax County Health Department 98 EHR 1285 Gray 

Wayne D Magee v Department of Environment and Natural Resources 98 EHR 1471 Phipps 

karen J Dixon, Myra Jones, Alphonzo Dixon V Nash Ct\ Health Dept 98 EHR 1475 Reilly 

.■\&S Construction. Inc v Dept of Environment and Natural Resources 98 EHR 1476 Gray 

Amos Vaughan V Department of Environment and Natural Resources 98 EHR 1538 Reilly 

ViMan .Alderman, Caboose Restaurant V Environment & Nat Resources 98 EHR 1690 Reilly 



06/25/98 
06/09/98 
11/05/98 
08/28/98 
06/25/98 
12/02/98 
10/21/98 
03/18/99 
11/02/98 
11/09/98 
12/11/98 
01/14/99 
12/08/98 
01/27/99 
12/21/98 
12/29/98 
12/17/98 
02/02/99 
02/10/99 
03/25/99 
01/15/99 
03/08/99 



Division of Air Quality' 

Sebring De\ , Patrick Queen/John Amirante v DENR, Air Quality 
.lohn Beard \ DENR. Division of Air Quality 
.lerry Brvanl v DENR. Division of Air Quality 

Division of Coastal Management 

Preston Warten v Division of Coastal Management. Wilmington. NC 
Marion T Noe v DENR. Division of Coastal Management 

Division of Environmental Health 

Gerald P Sigal v DENR. Division of Environmental Health 
Ronnie l.ee Hamill v Pin Ct\ Health Dept . Environmental Health Div 
Joe Scichilone v Crave Natural Resources. Div of Environmental Health 
Ralph K Crotts v Burke County En\ Health Dept . Septic Tank Di\ 
Carl D Wicker v Alamance Ct\ Health Dept . Env Health Division 

Division of Environmental Management 

Save Our Rivers. Inc . et al \ Town of Highlands, EHNR. Env Mgmt . 

William W Cobev. Jr , Secretary 
US Dept of the Interior Naf I Park Svce \ Environmental Mgmt Comm 

Division of Marine Fisheries 

Lad\ LaShanda MeKin Bnant v EHNR, Division of Marine Fisheries 
Gerald Moore, et al v DENR, Division of Marine Fisheries 
Kennv Lee Tillett \ DENR, Division of Marine Fisheries 



98 EHR 0926 
98 EHR 1314 
98 EHR 1416 



98 EHR 0177 
98 EHR 0976 



98 EHR 0051 
98 EHR 1200 
98 EHR 1286 
98 EHR 1334 
98 EHR 1718 



91 EHR 0377 
98 EHR 0410 



97 EHR 1459 

98 EHR 0322 

99 EHR 0336 



Phipps 

Gray 

Wade 



Phipps 
Smith 



Smith 
Smith 
Chess 
Owens 
Wade 



Gray 
Smith 



Gray 

Owens 

Owens 



12/11/98 
01/29/99 
03/01/99 



10/05/98 
12/02/98 



1 0/02/98 
12/29/98 
01/07/99 
01/14/99 

02/03/99 



07/30/98 
08/20/98 



07/20/98 
10/08/98 
04/22/99 



13 06 NCR 578 



13 09 NCR 797 



Division of Solid H aste Management 

Steve Aldridee, et al v DENR, Division of Solid Waste Manaaement 



98 EHR 0665 



Chess 



09/09/98 



13 07 NCR 617 



Division of U aler Quality 

Ra>iriondL Martin \ DENR, Division of Water l,)uality 
Riverhills, Inc and W E Dansey, Jr \ DENR, Division of Water Quality 
Worslev Oil Companies, Inc v DENR, DWQ, Groundwater Section 
Upchurch, Inc v DENR, Division of Water Quality 
and 

The Sierta Club and Dogwood .Mliance 
NC Forestrx Association v DENR, Division of Water Quality 
and 

The Sierra Club and Dogwood Alliance 
Silver Bullet, Inc \ DENR, Dnision of Water Quality 

HEALTH AND 111 MAN SER\ K ES 

Stanlev C Ochulo \ OtT/Adminislrati\e Hearings, Mr R Marcus Lodge 

Oliver C Johnson, Hazel T Johnson \ Health and Human Services 

Louise Streater v Health and Human Services 98DHR(II96 

Richard E Lawrence, Rebecca A Lawrence v Health and Human Services 

John David Brinson v Department of Human Resources 

Stephanie Wade \ Department of Health and Human Services 

Carolyn L Freeman v Department of Human Resources 

Otis L Mack, Jr v OtTiceof Administrative Hearings 

Christopher Germano, Lee Germano v Department of Health 



98 EHR 0590 Gray 

98 EHR 0703 Gray 

98 EHR 0735 Chess 

98 EHR 0776*-' Reillv 



98 EHR 0777*-' Reillv 



09/21/98 
03/22/99 
08/24/98 
03/19/99 



03/19/99 



98 EHR 093 1 


Chess 


08/20/98 


98 DHR 002 1 


Reillv 


06/24/98 


98 DHR 0090 


Grav 


07/08/98 


Gra\ 


06/03/98 




98 DHR 0209 


Phipps 


07/15/98 


98 DHR 0369 


Owens 


08/17/98 


98 DHR 0666 


ReilK 


08/19/98 


98 DHR 0721 


Grav 


08/05/98 


98 DHR 0729 


Phipps 


09/09/98 


98 DHR 0780 


Owens 


07/28/98 



13 20 NCR 1756 
13 20 NCR 1762 

13 20 NCR 1762 



15:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1882 



^ 



m 



CONTESTED CASE DECISIONS 



AGENCY 

Carol and Conrad Kunkel v Department of Human Services 
Donald Wavne Perrs v Office of Emergenc\ Medical Services 
E Jean Woods v EDS - Medicaid " 98 DHR 1118 

Soma Schaefer Jolly v Village Care King. Autumn Care, DHHS 
Sandra Nelson Molina v Department of Health & Human Services 
Bernadette Anderson v Department of Health & Human Services 
Chervl l.ynn Staton v Department of Health & Human Services 
Mary Barrier v Administrative Hearing 
Jeffrey M Holland and Capitol Hill Creative Consulting v Dept of 

the Secretary of Stale 
James Michael Wallace v Department of Human Resources 
Barbara Jump v Department of Human Ser\ ices 
Keith Warren Kendall v Nurse Aide Registrv and DHHS 
Wilson Memorial Hospital \ Department of Health & Human Services 
Deborah Pell> v Department of Health & Human Services 
Brand\ Shea Minton v Markus Lodge. General Counsel 
Reeva Oliver V Board of Nursing. Nursing Asst Registry 
Jackie E RatlitT\ Department of Health & Human Services 
Blue Line Promotions. Inc v Dept of the Secretarv of State 
Police Protective Fund V Dept of the Secretarv' of State 
Communirv Funding Compan\ v Dept of the Secretan of State 
llyas Mahmood v Department of Health & Human SerMces 

Division of Child Development 

Dulatov\Ti Presbylerian Children's Ctr \ DHHS. Child Development 
Cookie's Da> Care Home. Wonza W Garolds v DHHS. Child Dev 
Cassandra Myers \ Division of Child Development 
Theresa McCormick v DHHS. Division ot Child Development 
Dulatovvn Presbvlenan Children Ctr \ DHR. Child De\elopment 
Dora's Child Development Center v Mecklenburg Ct\ DSS. and DHR 
Victory Da\ Care & Learning Ctr , Joe Walters v DHHS. Child Dev 
Four-County Communitv Services. Inc v Human Resources. Child Dev 
Kandy Kane Da\ School. Inc v DHHS. Di\ of Child Development 
Phoo Bear's Da\Care. Sebrina Davis v Div of Child Development 
T/A Appletree Day Care, Inc . Carolyn J Driggers v DHHS, 

Division of Child Development 
Miriam E Cowan (La\\Tie)\ Health & Human Svcs , Child Development 

Division of Facility Services 

Pearlie W Lawson v DHHS, Facility Svcs . Health Care Personnel Reg 
Annie K Morgan v Health & Human Services , Facility Services 
Mooresv ille Hospital Mgmt Associates, Inc d/b/a Lake Norman Regional 

Medical Center v DHR, Facilitv Services. Certificate of Need Section 
and 

Autumn Corporation and McKmlev V Jumey 
Warren Moore & Catherine Moore v DHR. Div of Facility Services 
Constellation Health Sen ices. Inc and Constellation Senior Sen ices, 

Inc V DHR. Facility Services. Group Care Licensure Section 
and 

Diversified Health Group. LLC and The Innovative Health Group. Inc 
DiaKsis Care of NC. LLC. d/h/a Dialysis Care of Rowan County 

V DHR. Division of Facility Services. Certillcate of Need Section 

V Biomedical Applications of NC. Inc d/b/a BMA of Kannapolis d/b/a 
Metrolina Kidney Center of Kannapolis (Lessee) and Metrolina Nephrology 
Associates. PA (Lessor) 

Robin .Annette Reavis v Health and Human Svcs . Div of Facility Svcs 
Jennifer Blofeld \ DHHS. Facility Svcs . Health Care Personnel Registry 
Sunlite Retirement Home. Winnie Jane Johnson v DHR. Facility Services 
Helen Shokoti \ Health and Human Services. Div of Facility Services 
Ann Da\ IS Rest Home v Group Care Licensure Section 
Diane Lingard \ DHR. Facility Svcs. Health Care Personnel Reg 
Kimberly Annette Smith Hull v DHHS. Division of Facility Services 
Living Centers-Southeast. Inc . Lutheran Retirement Center-Wilimington. 

Inc , and New Hanover Health Care Center L 1. C \ DHHS. Div of 

Facility Services. Certificate of Need Section, 
and 
Dev in Partnership and Dev in Health Care Associates. LLC. Columbia 

Cape Fear Healthcare System. Limited Partnership. Li\ ing Centers 

Southeast. Inc . Lutheran Retirement Center-Wilmington Inc . and 

New Hanover Health Care Center LLC 
Living Centers-Southeast, Inc , Lutheran Retirement Center-W liimington, 

Inc , and New Hanover Health Care Center, L L C v DHHS, Div of 

Facility Services, Certificate of Need Section, 
and 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


98 DHR 1047 


Smith 


02/25/99 


98 DHR 1097 


Smith 


01/13/99 


Gra\ 


10/26/98 




98 DHR 1134 


Chess 


01/07/99 


98 DHR 1243 


Chess 


01/21/99 


98 DHR 1257 


Morrison 


12/11/98 


98 DHR 1259 


Smith 


11/30/98 


98 DHR 1287 


Chess 


11/19/98 


98 DHR 1288 


Chess 


04/06/99 


98 DHR 1340 


Gray 


12/21/98 


98 DHR 1350 


Reilly 


01/20/99 


98 DHR 1368 


Reillv 


01/29/99 


98 DHR 1423 


Reillv 


03/08/99 


98 DHR 1565 


Reillv 


04/14/99 


98 DHR 1595 


Smith 


01/06/99 


98 DHR 1604 


Reillv 


02/09/99 


98 DHR 1689 


Reillv 


02/01/99 


98 DHR 1 795 


Chess 


03/11/99 


99 DHR 0001 


Chess 


03/11/99 


99 DHR 0002 


Chess 


03/11/99 


99 DHR 0108 


Chess 


03/03/99 


98 DHR 0654 


Grav 


08/06/98 


98 DHR 0946 


Gray 


01/13/99 


98 DHR 0948 


Owens 


09/03/98 


98 DHR 0989 


Smith 


1 2/29/98 


98 DHR 1112 


Morrison 


10/16/98 


98 DHR 1184 


Phipps 


09/25/98 


98 DHR 1533 


Smith 


01/25/99 


98 DHR 1534 


Smith 


01/25/99 


98 DHR 1668 


Reillv 


02/24/99 


99 DHR 0008 


Chess 


04/13/99 


99 DHR 0058 


Morrison 


04/12/99 


99 DHR 0182 


Owens 


03/16/99 


97 DHR 1034 


Becton 


07/30/98 


97 DHR 1046*' 


Phipps 


07/23/98 


97 DHR 1209 


Reillv 


06/23/98 



PIBLISHED DECISION 
REGISTER CITATION 



97 DHR 1279 
97 DHR 1529 



97 DHR 158 



Mann 
Grav 



Phipps 



98 DHR 0245* 



Phipps 



09/08/98 
06/24/98 



08/31/98 



11/24/98 



i\ 



13 22 NCR 0000 



i 



97 DHR 1672 


Reillv 


08/12/98 




98 DHR 0096 


Gr.-iv 


08/21/98 




98 DHR 0124 


Phipps 


06/11/98 




98 DHR 0173 


Chess 


08/26/98 




98 DHR 0197 


Phipps 


06/23/98 




98 DHR 0214 


Becton 


06/22/98 




98 DHR 0239 


Phipps 


06/23/98 




98 DHR 0244* 


Phipps 


11/24/98 


13 I2NCR 1018 



13 12 NCR 1018 



i 



1883 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
MMBER 



AU 



OATE OF 
DECISION 



PIBIISHED DECISION 
REGISTER CITATION 



Devin Partnership and Devin Health Care Associates, LLC, Columbia 

Cape Fear Healthcare System, Limited Partnership, Lning Centers 

Southeast, Inc . Lutheran Retirement Center-Wilmington Inc , and 

New Hanover Health Care Center LLC 
LiMng Centers-Southeast, Inc , Lutheran Retirement Center-Wilimington, 

inc , and New Hanover Health Care Center, L L C \ DHHS, Div of 

Facilitv Ser.ices, Certificate of Need Section, 
and 
Devin Partnership and De\in Health Care .Associates, LLC, Columbia 

Cape Fear Healthcare System, Limited Partnership, Living Centers 

Southeast, Inc , Lutheran Retirement Center-Wilmington Inc , and 

Neu Hanover Health Care Center L L C 
Rose Mane Spencer \ DHHS. Di\ ision ofFacilirs Services 
Deborah .Ann Holt v DHHS. Division of Facility Ser\ ices 
Columbia Direct Mktg Corp \ DHHS. Facility S\cs . Soltn Lie Br 
Tern Michelle Tvler v Health & Human S\cs. Div of Facilitv Services 
Dons Jones Holmes v DHHS. Facility Svcs. Health Care Personnel Reg 
.Annie K Morgan v Health & Human Services . Facility Serv ices 
Shirley Bowling v DHHS. Facilm SerMces, Health Care Personnel Reg 
Johnnie E Williams v DHHS. Division of Facilitv Services 
Bio-Medical .Applications of Lumberton. Inc d/b/a BMA of Lumberton. 

ilbla Lumberton DiaKsis Unit (Lessee) and Webb-Lohav ichan Rentals 

(Lessor) \ DHHS. Division of Facility Senices. Certificate of Need Section 
and 

Hillchild. LLC and Dialysis Care ofNC. LLC d/b/a DCNC. LLC 
Bio-Medical Applications of NC. Inc d/b/a Johnston Dialysis Ctr v 

DHHS. Di\ ision of Facility Services. Certificate of Need Section 
and 

Hillchild. LLC and Dialysis Care of NC. LLC d/b/a DCNC. LLC 
Christy Jeton Hall v DHHS. Division of Facility Services 
Hillchild. LI.CandDialvsisCareofNC, LLC d/b/a DCNC, LLC v 

DHHS, Division of Facility Services, Certificate of Need Section 
and 

Bio-Medical Applications of Lumberton, Inc d/b/a BMA of Lumberton, 

d/b/a Lumberton Dialysis Unit (Lessee) and Wehb-Loha\ ichan Rentals (Lessor) 



98DHR0247*" Phipps 



98DHR0701*-" Reillv 



';i8DHR 
98DHR 



0706 
0718* 



Gray 
Chess 



Hillchild, LLC and Dialysis Care of NC, LLC d/b/a DCNC, LLC v 
DHHS, Division of Facility Services, Certificate of Need Section 

and 
Bio-Medical Applications of NC, Inc d/b/a Johnston Dialvsis Ctr 
,iudith May Gale v DHHS, Division of Facility Services 
Evangeline McBride v DHR, Division of Facilirv Services 
Latonia Denise Thomas v DHHS, Division of Facilitv Services 
Tracey Deirde Galloway v DHHS, Facility Svcs , Health Care Per Reg 
An Teawanda Bvrd v DHHS. Di\ ision of Facility Services 
Happy Dan's Home. Gladvs Cooke \ Facility Svcs,. Group Care Lie Sect 
Wanda Best v Division of Facilm Services. DHHS 
Tracey Yelverton v DHHS. Division of Facilitv Services 
Rose Mane Hadley v DHHS. Division of Facilitv Services 
Robena Juanita Jones \ DHHS. Division of Facility Services 
Mona Lisa Lucas v DHHS. Division of Facility Services 
Edna Weaver Savvverv DHHS. Division of Facility Senices 
Linda Estes Richardson \ DHHS. Division of Facility Services 
Shirley L Smith, a/k/a Shirley Lee Turner v DHHS. Facility Sen ices 
Jeanette Crandal Williams v Health & Human Senices, Facility Senices 
Felicia Ozoms v DHHS. Division of Facility Senices 
Carolyn Grant v Health & Human Sen ices. Facility Sen ices 
Bridgette Lay lor v Nurse ,Aide I Program, DFS 
Jamie Jarnigan Oaks V DHHS. Division of Facility Senices 
Barbara Davis v DHHS. Division of Facility Senices 
Jamila Adukeijie Alghali v Health & Human Senices. Facilirv Senices 
Dorothy Rea Fisher v Health & Human Senices, Facility Services 
.April F Matthews v Health & Human Senices. Facility Services 
Virgie Harshavv Stinson \ Health Care Personnel Registrv 
Valerie Ann Hernandez v DHHS. Division of Facility Senices 
Wanda Ann Cribb v DHHS. Division of Facility Sen ices 
Bertha Stinson Hall v DHHS. Division of Facility Senices 

Division of Medical Assistance 

Charlotte-Mecklenburg Hospital .Authority, d/b/a Carolinas Medical Ctr, 

and Harry Mahannah, M D v DHHS, Division of Medical .Assistance 
Isaiah Smith, Jr . by/through his Guardian, Lavvience E Thompson, III 

V DHHS, Division of Medical ,Assistance 
William M Bell. Jr v DHHS. Medical Assistance. Third Party Rec Sec 
Alic F Schneider. Julia R Hammonds v DHHS. Medical .Assistance 



Q8DHR07W*-" Reillv 



11/24/98 



98 DHR 0279 


Chess 


01/07/99 


9S DHR 0348 


Phipps 


06/22/98 


98 DHR 0394 


Morrison 


12/31/98 


98 DHR 0458 


Grav 


08/21/98 


98 DHR 0463 


Gray 


08/21/98 


98 DHR 0496*" 


Phipps 


07/23/98 


98 DHR 0547 


Gray 


11/09/98 


98 DHR 0639 


Reillv 


07/02/98 


98 DHR 0700*-' 


Chess 


02/04/99 



02/01/99 



10/12/98 
02/04/99 



02/01/99 



13 12 NCR 1018 



98 DHR 0739 


Owens 


12/16/98 




98 DHR 0767 


Chess 


03/04/99 




98 DHR 0809 


Gray 


10/23/98 




98 DHR 0824 


Gray 


09/24/98 




98 DHR 0838 


Reiily 


12/29/98 




98 DHR 0885 


Owens 


11/19/98 




98 DHR 0936 


Chess 


01/11/99 




98 DHR 0955 


Owens 


01/04/99 




98 DHR 0970 


Smith 


10/08/98 




98 DHR 1089 


Gray 


1 2/29/98 




98 DHR 1110 


Gray 


01/04/99 




98 DHR 1111 


Gray 


01/04/99 




98 DHR 1131 


Chess 


01/07/99 




98 DHR 1132 


Chess 


01/07/99 




98 DHR 1133 


Morrison 


02/18/99 




98 DHR 1173 


Gray 


01/20/99 




98 DHR 1264 


Owens 


02/15/99 




98 DHR 1283 


Mann 


12/14/98 




98 DHR 1 284 


Smith 


01/12/99 




98 DHR 1317 


Grav 


12/21/98 




98 DHR 1326 


Wade 


02/16/99 




98 DHR 1349 


Wade 


03/02/99 




98 DHR 1691 


Owens 


03/01/99 




98 DHR 1692 


Grav 


02/10/99 




99 DHR 0088 


Phipps 


03/16/99 




99 DHR 0109 


Morrison 


03/26/99 




99 DHR 0153 


Morrison 


04/16/99 




97 DHR 0621 


Smith 


07/08/98 




98 DHR 0273 


Gray 


12/07/98 




98 DHR 0979 


Mann 


01/13/99 


13 16 NCR 1366 


98 DHR 0994 


Morrison 


1 0/29/98 





13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1884 



mmmmm 



Hi 



IHHI 



CONTESTED CASE DECISIONS 



AGENCY 

April Dawn Bass v DHHS. Division of Medical Assistance 
Candyce Ewanda Newsome v Tarheel Consultant. Cherr\ Hospital. 
Sunrise Health Care Center (Div ot Medical Assistance) 

Division of Social Services 

William & Crsslal Sleaklev \ DHHS. Division of Social Services 

Rail Abdus-Salaam v Department of Human Resources. DSS-DCA 

Child Support Enforcement Section 
William Robert Cameron \ Department ol Human Resources 
Robert H Black v Guilford Countv Child Support tnforcemenl 
Dorman E Drake v Department of Human Resources 
Garrv R McNeill \ Department of Human Resources 
Robert Alan Davis v Department of Human Resources 
Michael W White v Department of Human Resources 
Troy R Emmons. Jr v Department of Human Resources 
Man in A Pikev Department of Human Resources 
Richard L Carver, .Ir v DHR. Div of Social Senices 
Mars Putnam Avery \ DSS. Durham County Child Support Enforcement 
Anthonv B GrifTin v Department of Human Resources 
Gilbert G Gray v Department of Human Resources 
Jimmy Dorsey v Department of Human Resources 
Herbert Leon Sellers v Department of Human Resources 
Oregon. Boren v Department of Human Resources 
David W Davis v Department of Human Resources 
Dale W Hutchinson \ Department of Human Resources 
kebin Cherry \ Department of Human Resources 
Joe A Lynch V Department of Human Resources 
Gary W Wampler v Department of Human Resources 
Kenneth Br\an Haynes v Department of Human Resources 
Kenneth Eugene Scott v Department of Human Resources 
Mark Owens Frink \ Department of Human Resources 
JetTery Lee Graves v Department of Human Resources 
Donald L Carr. Jr \ Department of Human Resources 
Mar\ in Diggs v Department of Human Resources 
Michael Patrick Dyme \ Department of Health & Human Services 
Paula C Freeman \ Department of Health & Human Ser\ ices 
Sherman L Arnold Sr \ Department of Health & Human Ser\ ices 
Clifton Pierce v Department of Health & Human Ser\ ices 
Dennis Lee McNeill \ Department of Human Resources 
Bvron O Ashby II \ Department of Human Resources 
Hubert L Morrison \ Department of Human Resources 
Robert .Alan Davis v Department of Human Resources 
Larry S Robinson \ Child Support Enforcement Agency 
DarrvIC Thompson v Department of Health & Human Ser\ ices 
DarPilC Thompson V Department of Health & Human Services 
Michael J Burgess \ Department of Human Resources 
Michael Anthonv Hill \ Depanment of Human Resources 
Joseph L Flill V Department of Human Resources 
Michael A Wilder v Department of Human Resources 
BilK Anthonv Jr v Department of Human Resources 
James B Benson v Depanment of Human Resources 
Laurence Wilkes v Department of Human Resources 
Alton D Bagley s Department of Human Resources 
Bernel B Berrv Jr \ Department of Human Resources 
Darn I Simpkins v Department of Health & Human Services 
Anthonv Montgomen. \ Depanment of Human Resources 
lernace Joan Ness \ Department of Human Resources 
Joseph Gerard McPhillips \ Depanment of Human Resources 
Tern Letterman v Depanment of Human Resources 
Kenneth Pabers \ Depanment of Human Resources 
William E Mines V Department of Human Resources 
Christopher Alan v Depanment of Human Resources 
Annette Chipman \ Department of Human Resources 
Paul J Moble>.Jr \ Department of Human Resources 
."Xlvin G Pipers Department otHealth & Human Ser\ ices 
Robert A Shererv Department of Human Resources 
Rodney A Momson v Depanment of Human Resources 
Gregon Andre Brown \ Depanment of Health & Human Sen ices 
Rodger Hazen II v Department of Human Resources 
Marion Ametl v Department of Human Resources 
Wade A Burgess v Department of Human Resources 
Robert L Robinsons Department of Human Resources 
Michael William Fisher s Depanment of Human Resources 



CASE 




DATE OF 


M MBER 


AIJ 


DECISION 


98 DHR 1687 


Mann 


01/14/99 


99 DHR 0013 


Wade 


03/30/99 


98 DHR 0076 


Gray 


07/20/98 


98 DHR 0771 


Owens 


07/30/98 


96CRA 1525 


Gray 


01/11/99 


96 CRA 1 548 


Mann 


10/09/98 


96CRA 1717 


Smith 


08/25/98 


96 CRA 1743 


Reilly 


10/22/98 


96 CRA 1781*" 


Phipps 


08/20/98 


96 CRA 1 784 


Grav 


09/25/98 


96 CRA 1798 


Reilly 


08/25/98 


96 CRA 1814 


Chess 


09/24/98 


96 CRA 1823 


Mortison 


04/23/99 


96 CRA 1849 


Momson 


09/01/98 


96 CRA 1855 


Gray 


12/18/98 


96 CRA 1858 


Momson 


1 0/08/98 


96 CRA 1862 


Smith 


12/15/98 


96 CRA 1932 


Smith 


11/06/98 


96 CRA 1945 


Gray 


12/14/98 


96 CRA 1976 


Smith 


1 1 /06/98 


96 CRA 1981 


Mann 


08/26/98 


97 CRA 0026 


Gray 


12/14/98 


97 CRA 0045 


Phipps 


10/09/98 


97 CRA 0187 


Smith 


12/15/98 


97 CR,A 0444 


Mann 


02/19/99 


97 CRA 1232 


Chess 


11/06/98 


97 CRA 1 524 


Mann 


10/09/98 


98 CRA 0137 


Becton 


06/23/98 


98 CRA 0545 


Reillv 


06/08/98 


98 CRA 0588 


Reilly 


06/24/98 


98 CRA 0787 


Grav 


09/17/98 


98 CRA 1117 


Smith 


12/18/98 


98 CRA 1152 


Mann 


10/28/98 


98 CRA 1430 


Smith 


01/11/99 


96CSEI305 


Gray 


06/22/98 


96CSE 1435 


Mann 


07/15/98 


96CSE 1649 


Reilly 


08/12/98 


96CSE 1780*' 


Phipps 


08/20/98 


96CSE 1848 


Gray 


11/05/98 


96CSE 1854*" 


Chess 


09/01/98 


96CSE 1902*'" 


Chess 


09/01/98 


96CSE 1989 


Mann 


12/10/98 


96 CSE 2028 


Mann 


08/26/98 


97 CSE 0624 


Chess 


11/06/98 


97 CSE 1301 


Chess 


07/17/98 


97 CSE 1393 


Reilly 


06/24/98 


97 CSE 1399 


Gray 


12/14/98 


97 CSE 1419 


Gray 


11/17/98 


97 CSE 1424 


Chess 


06/02/98 


97 CSE 1435 


Smith 


06/12/98 


97 CSE 1436 


Chess 


08/11/98 


97 CSE 1442 


Phipps 


06/17/98 


97 CSE 1450 


Momson 


12/09/98 


97 CSE 1467 


Mann 


10/09/98 


97 CSE 1492 


Smith 


06/22/98 


97 CSE 1523 


Mann 


02/19/99 


97 CSE 1527 


Mann 


09/08/98 


97 CSE 1544 


Chess 


10/16/98 


97 CSE 1545 


Phipps 


07/23/98 


97 CSE 1568 


Phipps 


06/17/98 


97 CSE 1599 


Phipps 


11/10/98 


97 CSE 1605 


Mann 


07/15/98 


97 CSE 1611 


Gray 


10/23/98 


97 CSE 1656 


Gray 


08/27/98 


97 CSE 1666 


Chess 


07/17/98 


97 CSE 1685 


Mann 


12/10/98 


98 CSE 0071 


Momson 


06/12/98 


98 CSE 0130 


Reilly 


07/15/98 


98 CSE 0198 


Mann 


02/19/99 



PI BLISHED DECISION 
REGISTER CITATION 



< 



lf<H5 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



AGE>C\ 

Jamie A Hum v Department of Health & Human Ser\'ices 

Renardo Jenkins v Depanment of Human Resources 

Anthony Love v Department of Human Resources 

Eric Baldwin v Department of Health & Human Services 

Eddie R Stevsardv Department of Health ct Human Services 

Steven Kent Gold v Department of Human Resources 

Leroy J Poole v Department of Human Resources 

Hoyal A McLean v Department of Health & Human Services 

Michael Bernard Hill \ Department of Health & Human Services 

Terry M Cahle v Department of Human Resources 

Charlie RatliflJr v Department of Health & Human Services 

Donald W Lee v Department of Health & Human Services 

Bobby D Cook v Department of Health & Human Services 

John B Hall V Department of Human Resources 

Derrick A Brinton \ Department of Human Resources 

Tabatha D Pate \ Depanment of Human Resources 

Amanda F Blount v Depanment of Human Resources 

Gregorv Carry (IV #1564206) v Depanment of Human Resources 

Gregory Carty (IV #1564166) v Department of Human Resources 

John L Bullardv Department of Human Resources 

Frank A Cotton v Department of Human Resources 

Charlie Gray HunlJr \ Department of Human Resources 

keith D dtLsdiaC Wright \ Department of Health & Human Services 

Willie R Cruse v Department of Health & Human Services 

Thomas H Lotze. Jr v Depanment of Health & Human Services 

Robert L Williams v Department of Human Resources 

Patrick Bass v Department of Health & Human Services 

Tawanna Wheeler V Department of Health & Human Services 

Timothy Kinne\ v Department of Health &. Human Sen ices 

Teresa L Galloway v Department of Health & Human Services 

Michael A Looperv Department of Health & Human Services 

Kenneth E Strickland v Department of Health & Human Sen ices 

Hoyt H Bunt Jr v Department of Health & Human Sen ices 

Vernon Reginald Pinkney v Department of Health & Human Sen ices 

Elijah G Deans v Department of Health & Human Sen ices 

James Howard Alexander \ Department of Health & Human Sen ices 

Lee J Coggins \ Depanment of Human Resources 

Mark J Houlbrook \ Department of Health & Human Sen ices 

Henry A Hamel. Jr \ Department of Health & Human Sen ices 

Amanda F Haviland Blount v Department of Health & Human Sen ices 

Deniira JefTnes v Department of Health & Human Sen ices 

Bryan L Barksdale v Depanment of Health & Human Sen ices 

Cleatus Dean Cuthbertson v Department of Human Resources 

Cleatus Dean Cuthbertson v Department of Human Resources 

Karen Mitchell v Department of Human Resources 

Roberts Willettv Depanment of Health & Human Services 

Judi Devlin v Department of Health & Human Senices 

Issac L Huey v Department of Health & Human Senices 

Curtis T Brown v Department of Health & Human Senices 

Rafael L Garcia v Department of Human Resources 

David Chisolm \ Department of Human Resources 

Robert McKov v Department of Health &. Human Senices 

Marc R McGahee v Depanment of Human Resources 

Solomon Freeman V Department of Human Resources 

Bill G Seamans v Scotland Cn Child Sup Enf -Scotland County DSS 

Nelson Lee Allen v Department of Human Resources 

Michael Jefferson v Department of Health & Human Services 

Keith Jerome Greene Jr \ Department of Human Resources 

Derrick M Mallety v Department of Human Resources 

Da\ id W Autry v Department of Human Resources 

Cleveland Tern v Department of Human Resources 

lony Mitchell Guion v Department of Health & Human Senices 

David Kenneth Kilgore Sr v Department of Human Resources 

Curtis M Threatt \ Depanment of Health & Human Senices 

Tern L Dedie \ Department of Human Resources 

Michael Lashavvn McLaunn \ Department of Human Resources 

Stephen Alex v Department of Health & Human Senices 

Jeffrey Navares v Department of Human Resources 

Lam C William v Department of Health & Human Sen ices 

Joseph R Engelbrecht \ Department of Health & Human Senices 

Antonio M Townsend \ Department of Health & Human Senices 

Sammy Ra\ Smith v Department of Health & Human Senices 

Karlos M Gregory v Department of Human Resources 

Marem C Llpchurch V Department of Human Resources 



CASE 




DATE OF 


PI BLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


98 CSE 0307 


Mortison 


07/06/98 




98CSE03I0 


Smith 


06/23/98 




98 CSE 0312 


Phipps 


06/23/98 




98 CSE 0319 


Phipps 


12/15/98 




98 CSE 0320 


Morrison 


02/02/99 




98 CSE 0333 


Mon-ison 


07/01/98 




98 CSE 0375 


Reilh 


07/02/98 




98 CSE 0420 


Smith 


07/29/98 




98 CSE 0421 


Becton 


07/15/98 




98 CSE 0433 


Phipps 


12/09/98 




98 CSE 0449 


Mann 


07/15/98 




98 CSE 0469 


Gra\ 


11/09/98 




98 CSE 0483 


Reiily 


10/06/98 




98 CSE 0506 


Chess 


07/20/98 




98 CSE 0555 


Smith 


08/07/98 




98 CSE 0556 


Becton 


06/23/98 




98 CSE 0560 


Chess 


07/29/98 




98 CSE 0561*'-' 


Phipps 


09/23/98 




98 CSE 0562*'-' 


Phipps 


09/23/98 




98 CSE 0569 


Momson 


08/06/98 




98 CSE 0578 


Gray 


10/08/98 




98 CSE 0607 


Smith 


06/22/98 




98 CSE 0621 


Smith 


02/15/99 




98 CSE 0653 


Mann 


08/26/98 




98 CSE 0658 


Phipps 


08/31/98 




98 CSE 0682 


Smith 


06/22/98 




98 CSE 0689 


Owens 


09/18/98 




98 CSE 0691 


Owens 


1 0/09/98 




98 CSE 0728 


Smith 


09/17/98 




98 CSE 0769 


Becton 


07/30/98 




98 CSE 0783 


Chess 


09/08/98 




98 CSE 0817 


Mann 


09/08/98 




98 CSE 0818 


Momson 


09/15/98 




98 CSE 0833 


Owens 


07/29/98 




98 CSE 0867 


Phipps 


07/20/98 




98 CSE 0869 


Reilly 


08/06/98 




98 CSE 0894 


Smith 


08/20/98 




98 CSE 0949 


Smith 


09/08/98 




98 CSE 0975 


Chess 


09/01/98 




98 CSE 0985 


Mann 


11/18/98 




98 CSE 1036 


Momson 


09/15/98 




98 CSE 1052 


Momson 


10/09/98 




98 CSE 1072*'" 


Phipps 


01/21/99 




98 CSE 1073*'" 


Phipps 


01/21/99 




98 CSE 1095 


Reilly 


10/06/98 




98 CSE 1153 


Chess 


11/19/98 




98 CSE 1177 


Gray 


12/29/98 




98 CSE 1301 


Owens 


12/11/98 




98 CSE 1311 


Phipps 


01/22/99 




98 CSE 1353 


Reillv 


01/22/99 




98 CSE 1369 


Smith 


01/22/99 




98 CSE 1371 


Chess 


02/08/99 




9SCSE 1381 


Gray 


02/01/99 




98 CSE 1389 


Momson 


02/01/99 




98 CSE 1391 


Phipps 


12/09/98 




98 CSE 1407 


Smith 


02/24/99 




98 CSE 1408 


Chess 


01/19/99 




98 CSE 1417 


Gra> 


02/10/99 




98 CSE 1 420 


Momson 


02/01/99 




98 CSE 1422 


Owens 


03/03/99 




98 CSE 1424 


Phipps 


01/14/99 




98 CSE 1434 


Chess 


12/28/98 




98 CSE 1444 


(Jwens 


03/29/99 




98 CSE 1447 


Phipps 


12/18/98 




98 CSE 1458 


Smith 


01/19/99 




98 CSE 1459 


Mann 


02/19/99 




98 CSE 1460 


Chess 


04/07/99 




98 CSE 1461 


Gray 


02/10/99 




98 CSE 1469 


Momson 


02/09/99 




98 CSE 1472 


Owens 


01/05/99 




98 CSE 1473 


Phipps 


01/14/99 




98 CSE 1474 


ReilK 


12/18/98 




98 CSE 1507 


Smith 


02/09/99 




98 CSE 1508 


Mann 


01/26/99 





13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1886 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
MMBER 



ALJ 



DATE OF 
DECISION 



PIBLISHED DECISION 
REGISTER CITATION 



VinceE Green V Department of Human Resources 98CSE1509 Chess 02/01/99 

MarkStevenGoodulnv Department of Human Resources 98CSE1510 Gray 02/10/99 

Enck A L White V Department of Human Resources 98CSE1511 Mann 02/19/99 

William R Cameron V Department of Human Resources 98CSE1512 Gray 01/25/99 

Dennis M McDonald V Department of Human Resources 98CSEI513 Morrison 01/26/99 

James Otis Masters \ Department of Human Resources 98CSE1514 Owens 02/09/99 

Paul R Simon V Department of Human Resources 98CSEI5I5 Phipps 02/09/99 

Vandi Feikav Department of Health* Human Services 98CSE1516 Reilly 03/02/99 

Barnard Jordan \ Department of Human Resources 98CSE1517 Smith 02/12/99 

Milton Jerome McNeil V Department of Human Resources 98CSEI5I8 Mann 02/19/99 

Grady Harold Reasor\ Department of Human Resources 98CSE1519 Chess 02/01/99 

Alejo J Heller V Departmem of Human Resources 98CSE1520 Gray 02/10/99 

Kenneth J Cume v Department of Human Resources 98 CSE 1 521 Mann 02/1 9/99 

Ronnie F Davis V Department of Health & Human Services 98CSE1523 Owens , 12/29/98 

Paul Monroe Covington V Department of Health & Human Services 98CSEI524 Phipps 02/09/99 

Vernon Reginald Pinkney V Department of Health & Human Services 98CSEI547 Reilly 02/19/99 

Eugene B Patton III V Department of Human Resources 98 CSE 1 548 Smith 01/26/99 

ThomasGraham.Jr \ Department of Health & Human Services 98 CSE 1550 Chess 03/03/99 

Gen>Gantv Department of Human Resources 98 CSE 1551 Gray 03/26/99 

Douglas L Law V Department of Human Resources 98 CSE 1552 Mann 02/19/99 

Prentice P Lucas V Department of Human Resources 98 CSE 1553 Mortison 04/20/99 

Glenn R Pease V Department of Human Resources 98 CSE 1554 Owens 04/23/99 

Vernon Mclver v Department of Human Resources 98 CSE 1 559 Reilly 02/1 9/99 

Gerald Pendergrass V Department of Human Resources 98 CSE 1570 Gray 01/22/99 

TerainBordle\ V Department of Human Resources 98 CSE 1571 Mann 02/19/99 

James Calvin Price Jr v Department of Human Resources 98 CSE 1572 Mortison 02/18/99 

Leon McNair V Department of Human Resources 98 CSE 1573 Owens 02/11/99 

Marvin Lee \ Department of Human Resources 98 CSE 1574 Phipps 02/19/99 

Harolds Fairbankv Department of Human Resources 98 CSE 1575 Reilly 02/19/99 

HarrvC Rone Jr V Department of Human Resources 98 CSE 1576 Smith 01/25/99 

Cesar A Hernandez V Department of Health & Human Services 98 CSE 1580 Mann 01/13/99 

Clarence Evans \ Department of Human Resources 98 CSE 1584 Gray 03/26/99 

Carlton J Hicks V Department of Human Resources 98 CSE 1587 Owens 02/25/99 

Ronald E Da\ is Jr \ Department of Human Resources 98 CSE 1589 Reilly 01/26/99 

Demetrius D Brooks \ Department of Human Resources 98CSEI590 Gray 03/18/99 

Jerterv John Bissonnettev Department of Health & Human Services 98CSEI59I Mann 03/01/99 

Clarence A Edens.Jr \ Department of Health & Human Services 98 CSE 1602 Chess 03/03/99 

DavidJonesJr V Department of Human Resources 98 CSE 1605 Gray 03/18/99 

Douglas Sanders V Department of Human Resources 98 CSE 1606 Mann 01/26/99 

Linton A Durante \ Department of Human Resources 98 CSE 1608 Owens 03/26/99 

Travis Lamont Stevenson v Department of Human Resources 98 CSE 1609 Phipps 01/28/99 

Edward T Stanlev \ Department of Human Resources 98 CSE 1610 Reilly 03/02/99 

Jada Ballard \ Department of Human Resources 98 CSE 1614 Gray 02/10/99 

Reginald McKerv Department of Human Resources 98 CSE 1629 Mortison 02/11/99 

Timothy F Arnold, Sr \ Department of Human Resources 98 CSE 1630 Owens 03/03/99 

Michael Doran Horton V Department of Human Resources 98 CSE 1631 Phipps 03/05/99 

Mia MarisaGionzales-Sisk V Department of Human Resources 98 CSE 1632 Reilly 02/02/99 

Kenneth Alan Newman V Department of Human Resources 98 CSE 1633 Gray 04/06/99 

Donald L Cart. Jr V Department of Human Resources 98 CSE 1636 Reilly 03/26/99 

Hughey F Poppellx Department of Human Resources 98CSE1637 Gray 03/18/99 

James Edward Covington \ Department of Human Resources 98 CSE 1639 Mortison 03/18/99 

Claude A Maysev Department of Human Resources 98 CSE 1642 Owens 03/03/99 

TerainBordleyv Department of Human Resources 98 CSE 1643 Phipps 03/05/99 

Oua'AaronRichv Department of Human Resources 98 CSE 1651 Smith 02/24/99 

Guy Anthonv KelK \ Department of Human Resources 98 CSE 1652 Mann 03/16/99 

Robert EL Heck V Department of Health & Human Services 98 CSE 1660 Gray 02/10/99 

Sandra Fertell \ Department of Health &. Human Ser\ ices 98 CSE 1661 Mann 03/01/99 

Bobbv L Mills \ Department of Human Resources 98 CSE 1663 Mann 01/20/99 

Victor Cortez McLendon V Department of Human Resources 98 CSE 1664 Mortison 03/04/99 

DatrisNathanacl Biagasv Department of Human Resources 98 CSE 1681 Phipps 03/17/99 

Anthony McRaev Department of Human Resources 98 CSE 1682 Reilly 02/09/99 

Dennis WartenEversonv Department of Health & Human Services 98 CSE 1683 Smith 02/11/99 

Phillip L King \ Department of Health & Human Services 98 CSE 1684 Mann 03/16/99 

Albertus Shaw \ Department of Health* Human Services 98 CSE 1701 Mortison 01/05/99 

Charles Anthony Jacobs V Departmentof Human Resources 98 CSE 1714 Phipps 01/19/99 

Johnnv Richardson V Department of Human Resources 98 CSE 1731 Smith 02/02/99 

James R Upchurch \ Department of Health* Human Services 99 CSE 0103 Gray 03/26/99 

Patricia Chambers \ Department of Human Resources 96DCS1944 Mann 01/26/99 

Vickie E Lane V Michael L Adams. Departmentof Human Resources 96 DCS 2105 Gray 07/08/98 

Caria P Robinson V Departmentof Human Resources 97 DCS 0124 Reilly 11/10/98 

Rachel D Fanner V Departmentof Health* Human Services 97 DCS 0251 Phipps 08/31/98 

JaniceScott Padgett (Fisher) \ Departmentof Human Resources 97 DCS 1219 Smith 07/29/98 

Barbara Fanta-Blandine V Departmentof Human Resources 97 DCS 1486 Mortison 06/22/98 

Sharon Brim \ Department of Health & Human Services 97 DCS 1574 Gray 08/04/98 



t 



18H7 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



AGENCY 

Karen White v Department of Human Resources 

SheiTN' L Hampton \ Department of Human Resources 

Tenia M Sharpe v Department ot Human Resources 

Shensse Stancel Kelly v Department of Human Resources 

Melanie D Nickerson v Department ot Health & Human Services 

Ruth McFadden v Department of Human Resources 

Linda Michelle Jennings \ Department of Health & Human Services 

Division of Women 's and Children 's Healtit 

Khamis A Sirhan \ DHHS, Women's/Children's Health. Nutrition Svcs 
Joseph A Nawas v DHHS. Women's/Children's Health, Nutrition Svcs 
Mohamad I Rahman \ DHHS. Womens/Childrens HIth. Nutr Svcs Sect 
Evelyn Powell v Nutrition Services Section 

HUMAN RELATIONS COMMISSION 

NC Human Relations Comm tx Rel Clarice Dial \ Dixie lee Nevvsome. 

Jetti Lee. Jackie Lee and Ervvin Judd 
Orange Co Human Relations Comm on behalf of Amy Sindennan v 

American Board of Pediatrics 



CASE 




DATE OF 


PI BLISHED DECISION 


NIMBER 


AU 


DECISION 


REGISTER CITATION 


98 DCS 0053 


Chess 


12/14/98 




98 DCS 0257 


Morrison 


12/01/98 




98 DCS 0468 


Morrison 


06/09/98 




98 DCS 0508 


Mann 


12/16/98 




98 DCS 0593 


Gray 


01/19/99 




98 DCS 0675 


Reillv 


07/1.5/98 




99 DCS 0033 


Gray 


03/18/99 




98DHR0219 


ReilK 


08/11/98 




98 DHR 0637 


Phipps 


07/02/98 




98 DHR 0923 


Chess 


. 11/06/98 




98 DHR 11 35 


Smith 


11/13/98 




98HRC 1063 


Smith 


01/21/99 


13 16 NCR 1369 


98HRC 1641 


Chess 


04/19/99 





JISTICE 

James Todd Tippet v NC Company Police Program 

Alarm Systems Licensing Board 

Claude David Huggins \ Alarm Systems Licensing Board 
Jay Michael RatclilTv Alarm Systems Licensing Board 
Robert Derek Ross v Alarm Systems Licensing Board 
Randy Keith Barrv .Alarm Systems Licensing Board 
Barr> D Lyman v Alarm Systems Licensing Board 

Auctioneer Licensing Board 

Wiley R Tyndall v Auctioneer Licensing Board 
Russ J. Scherrerv Auctioneer Licensing Board 
Gavin Haviv Abadi v Auctioneer Licensing Board 
Marty C McDaniel v Auctioneer Licensing Board 

Education and Training Standards Division 

Thomas Dwasne Brown v SheritTs' Fducation & Training Stds Comm 
Kenneth Joseph Jackson \ SheritTs' Education & Training Stds Comm 
Odis Fitzgerald Darden v SheritTs' Education & Training Standards Comm 
Hoyle Kenneth Wise. Jr v SheritTs' Education & Training Stds Comm 
Kenneth Earl Brantley \ Criminal Justice Ed & Iraming Stds Comm 
Hearl Oxendine \ Criminal Justice Education & Training Stds Comm 
James Fartell Roberts \ Criminal Justice Ed & Training Slds Comm 
Phillip Keith McPherson \ SherilTs' Ed & Training Standards Comm 
Gary Alan Williams \ SheritTs' Ed & Training Standards Comm 
Dan. 1 LaMar Bryant v SheritTs' Education & Training Standards Comm 
Harold F Esters v SheritTs' Education & Training Standards Comm 
William Scoti Key v Shenfls' Education & Training Standards Comm 
Cecil W Duke. Jr v Criminal Justice Education & Training Stds Comm 
Manin Shemel Clark v Department of Correction 
and 
Man in S Clark v Criminal Justice Ed & Training Stds Comm 
Amado Martinez \ Criminal Justice Education & Training Stds Comm 
Johnny Wayne Wills v Criminal Justice Education & Iraining Stds Comm 
James E Ellerhe v SheritTs' Education & Training Standards Comm 
Paul Hanev Taylor v DOJ. Criminal Justice Ed & Training Stds Comm 
Kenneth Joseph Jackson \ SherilTs' Ed & Training Standards Comm 
Kelly Suzanne Ma\ berry v SherilTs' Education & Training Stds Comm 
Sharon Day Herring v SheritTs' Education & Training Stds Comm 
Robert Ryan Hardison v SheritTs' Education & Training Standards Comm 
Tracey Jerome Clark v SheritTs' Education & Training Standards Comm 
Beny Bernard Baker v Criminal Justice Ed & Training Standards Comm 
Evelyn D Broun \ SheritTs' Education & Training Stds Comm 
Ke\ in Lamar Dorsev v SheritTs' Education & Training Standards Comm 
Richard .Alan McEntire v Criminal Justice Ed & Training Stds Comm 
Willoughby McCormick. Jr \ SheritTs' Ed & Training Standards Comm 
Herman LeeColvin v SheritTs' Ed & Training Standards Comm 
William Edward Smith. Jr v Criminal Justice Ed & Tmg Stds Comm 
Ronald Hosea Hodge v Criminal Justice Ed & Training Standards Comm 
Melvm Garfield Smith V Criminal Justice Ed & Training Stds Comm 
Paul Harvey Taslorv Criminal Justice Ed & Training Stds Comm 
Teresa ShawTidell Hunt \ Criminal Justice Ed & Training Stds Comm 
Michael Patrick Minter \ Criminal Justice Ed & Trainme Stds Comm 



97 DOJ 1368 


Phipps 


98 DOJ 0871 


Mon-ison 


98 DOJ 1345 


Owens 


98 DOJ 1494 


Morrison 


98 DOJ 1495 


Smith 


98 DOJ 1496 


Smith 


97 DOJ 1236 


Phipps 


98 DOJ 0589 


Owens 


98 DOJ 1060 


Smith 


98 DOJ 1527 


Owens 


97 DOJ 1319 


Phipps 


97 DOJ 1578*' 


Grav 


97 DOJ 1698 


ReilK 


98 DOJ 0022 


Smith 


98 DOJ 0046 


Grav 


98 DOJ 0121 


Smith 


98 DOJ 0147 


Smith 


98 DOJ 0388 


ReilK 


98 DOJ 0389 


Phipps 


98 DOJ 0430 


Grav 


98 DOJ 0431 


Grav 


^8 DOJ 0432 


Becton 


98 DOJ 0479 


Chess 


98 DOJ 0491*'" 


Phipps 


98 DOJ 0526 


Morrison 


98 DOJ 0574 


Chess 


98 DOJ 0600 


Morrison 


98 DOJ 0841 


Phipps 


98 DOJ 0847'' 


Grav 


98 DOJ 0875 


Chess 


98 DOJ 0877 


Mann 


98 DOJ 0878 


Phipps 


98 DOJ 0879 


Owens 


98 DOJ 0907 


Mann 


98 DOJ 0922 


Mann 


98 DOJ 0930 


Phipps 


98 DOJ 0982 


Owens 


98 DOJ 1007 


ReilK 


98 DOJ 1008 


Smith 


98 DOJ 1057 


Chess 


98 DOJ 1058 


Smith 


98 DOJ 1059 


Cirav 


98 DOJ 1125 


Phipps 


98 DOJ 1 308 


Grav 


98 DOJ 1 309 


Chess 



09/10/98 



07/09/98 
11/19/98 
12/10/98 
02/05/99 
12/16/98 



07/24/98 
03/08/99 
10/21/98 
03/29/99 



07/29/98 
08/20/98 
06/12/98 
07/14/98 
11/04/98 
06/22/98 
07/16/98 
07/24/98 
04/05/99 
07/21/98 
08/21/98 
06/08/98 
10/07/98 
01/08/99 



09/09/98 
07/30/98 
08/07/98 
09/16/98 
08/20/98 
11/13/98 
12/30/98 
09/08/98 
08/31/98 
01/15/99 
12/22/98 
09/22/98 
03/18/90 
10/13/98 
01/07/99 
03/26/99 
01/08/99 
01/04/99 
12/30/98 
02/10/99 
03 '24/99 



13 11 NCR 935 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1888 



m 



CONTESTED CASE DECISIONS 



AGENCY 

Phillip K McPherson v Sheriffs' Education & Training Standards Comm 
Leonard Patterson Limer v Sheriffs' Education & Training Stds Comm 
Frankie Arlene Fisher v SherifTs' Ed & Training Standards Comm 
Floyd Lee Hatch v Criminal Justice Ed & Training Stds Comm 
Arthur Bivens v Sheriffs' Ed & Training Standards Commission 
Paul Dennis Plante v SheritTs' Ed & Training Standards Commission 
Benjamin Albert Williams V Criminal Justice Ed & Tr Stds Comm 
Carroll Eduin Swam, Jr v Criminal Justice Ed & Training Stds Comm 
John D Osborne v SheritTs' Education & Training Standards Comm 
Tame L Reid v Criminal Justice Ed & Training Stds Comm 
James 1 Terr\ \ Sheriffs' Ed & Training Standards Commission 

Private Protective Services Board 

Wayne Carey v Private Protective Services Board 
Claims Verification, Inc v Private Protective Services Board 
Walter R Shirer v Private Protective Sen ices Board 
Stacey L Williams v Private Protective Services Board 
Eugene Norman Garrett v Private Protective Services Board 
G Russell Smith v Private Protective Services Board 
David C Brisson v Private Protective Services Board 
Danny Charles Garrett v Private Protective Services Board 
David C Truesdale v Private Protective Services Board 
Dennis Rav Hyatt v Private Protective Services Board 
Alfred D Malson v Private Protective Services Board 
Rodney Hamilton Marsh v Private Protectne Services Board 
Melvin Eugene Davis v Private Protective Services Board 
Glen Leon Fitchette v Private Protective Serv ices Board 
Arvin Itwaru v Private Protective Services Board 
William Pope \ Private Protective Services Board 

LABOR 

Hildreth Mechanical & Maintenance v Labor/Labor Standards 
Labor World, Eric Feinstein v Labor, Harry E Pay ne. Jr 

BOARD OF LK F.NSED PROFESSIO^AL COl NSELORS 

Carolvn I Hicks v Board of Licensed Professional Counselors 



CASE 




DATE OF 


NIMBER 


XU 


DECISION 


98 DOJ 1 360 


Gray 


01/28/99 


98DOJ 1361 


Gray 


03/16/99 


98 DOJ 1421 


Chess 


01/06/99 


98 DOJ 1441 


Reillv 


02/10/99 


98 DOJ 1462 


Gray 


03/25/99 


98 DOJ 1463 


Wade 


04/07/99 


98 DOJ 1491 


Owens 


04/06/99 


98 DOJ 1502 


Morrison 


03/22/99 


98 DOJ 1529 


Gray 


03/16/99 


98 DOJ 1623 


Chess 


01/13/99 


98 DOJ 1791 


Wade 


04/22/99 


98 DOJ 0619 


Owens 


11/19/98 


98 DOJ 0848 


Smith 


08/04/98 


98 DOJ 0937 


Morrison 


09/17/98 


98 DOJ 0938 


Morrison 


08/18/98 


98 DOJ 0939 


Morrison 


08/18/98 


98 DOJ 0940 


Owens 


11/19/98 


98 DOJ 0941 


Owens 


11/19/98 


98 DOJ 1081 


Morrison 


09/17/98 


98 DOJ 1082 


Morrison 


12/10/98 


98 DOJ 1 1 39 


Owens 


11/19/98 


98 DOJ 1141 


Morrison 


09/29/98 


98 DOJ 1142 


Owens 


11/04/98 


98 DOJ 1145 


Morrison 


09/22/98 


98 DOJ 1 307 


Owens 


11/03/98 


98 DOJ 1493 


Morrison 


12/10/98 


98 DOJ 1748 


Morrison 


02/09/99 


98 DOL 0903 


Mann 


1 1 /04/98 


98DOL 1256 


Gray 


11/05/98 


98LPC 1730 


Chess 


03/05/99 



PI BLISHED DECISION 
REGISTER CITATION 



« 



BOARD OF MEDICAL EXAMINERS 

Joe D Crawford, M D v Medical Bd ofNC Bd of Medical Examiners 



98 BME 0870 



Owens 



07/30/98 



PLBLIC INSTRLCTION 

Linda & Dann> I loward for Nikki Howard v Lenoir Cty Bd of Ed 
George & Ruth Sinclair for Adam Sinclair v Wake County Schools 

(Special Education Services) 
Nicholas EiLschele. By and Throught His Parents, Charles & Kathleen 

Eirschele v Craven County Board of Education 
Devvitt Brinson & Elizabeth Brmson v Craven County Board of Education 
Gene Edward Lloyd v Department of Public Instruction 
Joseph Hughey Barringer \ Dr Michael Ward. Dept of Public Instruction 
Mrs Phyllis Y Moore \ Cumberland County Schools 
Laney Bruce Harrill \ State Board of Education 

LK on behaU of her son, J H , as well as on her own behalf \ St Bd /Ed 
Jenniler VonHollman \ Charlotte-Mecklenburg Board of Education 
Joseph J Sarrerro \ Department of Public Instruction 
M E and her husband, PE , indiMdualK. and on behalf of their son, C E 

V Bd of Ed for Buncombe Ctv a/k/a Buncombe Cty Public Schools, et al 
Sandra Cherry \ NC Dept of Public Instructions, Licensure Section 



97EDCI047 
97EDCI233 



97EDC 1234 



97 EDC 

98 EDC 
98 EDC 
98 EDC 
98 EDC 
98 EDC 
98 EDC 
98 EDC 
98 EDC 



1298 
Olio 
0127 
0305 
0350 
0370 
0411 
0459 
0566 



98 EDC 1501 



Gray 
Phipps 

Phipps 

Phipps 

Reilly 

Mann 

Gray 

Smith 

Smith 

Chess 

Owens 

Gray 

Owens 



10/30/98 
08/11/98 

07/16/98 

10/26/98 
09/10/98 
01/14/99 
08/05/98 
09/17/98 
10/14/98 
04/15/99 
08/10/98 
10/01/98 

04/16/99 



STATE BAR 

Linda R Sharp V North Carolina State Bar 98 BAR 1344 Morrison 

Reginald L Frazierv NC St Bar Disc Hearing Comm . NC St BarCncI 99BAR02O4 Owens 



11/09/98 
03/08/99 



STATE PERSONNEL 



Department of Adminislralion 

David Grigsby \ NC Commission of Indian Affairs 

Department of Agriculture 

William I McClelland \ Department of .Agriculture 
William T McClelland \ Department of Agriculture 

Community Colleges 

Dr William R Strickland v NC Communitv College System 



98OSP0428 


Morrison 


12/14/98 


98 0SP 1405'*- 


Reillv 


02/17/99 


98 0SPI536*'' 


Reilh 


02/17/99 


98 OSP 1 305 


Gray 


12/07/98 



1HH9 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



AGENCY 

Department of Correction 

Annie D Dizon v NC Correctional (Inst ) Center for Women 

Terrv T Rees \ Department of Correction 

Mohammad H Baloch. M D v Department of Correction 

Leon Ouens v Department of Correction 

Tern T Rees v Department of Correction 

Michael A Smith v Depanment of Correction 98 OSP 0231 '" 

Michael A Smith v Department of Correction 98 OSP 031 7»" 

Jayne D Bledsoe \ Correction. Di\ of Adult Probation & Parole 

David Spencer Norris v Correction. Div of .'\dult Probation & Parole 

Carl W Craven, II v Pender Correctional Institution 

hn in Shav\ v Martin Homer \sst Super . Corr , Sands Ridge Corr Ctr 

Joseph SzilagNi v Department of Correction 

Dennis S Harrell v Dept of Correction. Caledonia Correctional Institute 

Tommy L Hancock v Depanment of Correction 

Tommy L Hancock v Department of Correction 

Elaine Jackson v Department of Correction 

Bertha Darden v Ra\mond Smith & Dept of Correction. Central Prison 

Robert C Lowder v Bronn Creek Correctional Institution 

Ruth Moseley \ Department of Correction 

Lamont M Burt v Department of Correction 

Mark Murphy \ Correction. Dn of Adult Probation & Parole 

Leo Pouell v Harnen Correctional Institute, Depanment of Conection 

Amos Boone v Department of Correction 

NonaW Hubbard v DOC. Division of Community Conections 

Robert R Slovall \ Department of Correction 98 OSP 1 282 

Harold Keith Hamm \ Dept of Couection Enterprise/Personnel Off 

Joseph A Hanell v Conection, Div of Adult Probation & Parole 

Bunny M Poindexter v Department of Conection. McCain Hospital 

Deborah GritTin \ Wanen Conectional Institution. Mr Smiley 

Lonnie F McCaskill. Ill \ Depanment of Conection 

Diana A Freeman \ Department of Conection 

Bryant K. Peterson v Todd Pinion. Piedmont Con Inst , Asst Sup 

DeCarlos Stanlev \ Department of Conection 99 OSP 0027 

Sandra Ketchie \ Depanment of Correction 

Charlotte Clarke \ Depanment of Conection 

Crime Control and Public Safety 

Roger D Da\ is v Cnme Control & Public Safety. St Hwv Patrol 
.Albert R Little v Cnme Control & Public Safety. Info Sys Specialists 
Charles A Lmdquist v Crime Control & Public Safety. NC Flwy Patrol 
Charles A Lmdquist v Crime Control & Public Safety. NC Huy Patrol 
Charles L Gamer v Crime Control & Public Satet>. NC St Hw> Patrol 
Terrv L Putman \ Crime Control & Public Satety. State Hv\\ Patrol 
Thomas L Carlton \ Crime Control & Public Safen. St Huv Patrol 

Eastern \ortli Carolina School for the Deaf 

Cathy A Lancaster v Eastern North Carolina School for the Deaf 

Employment Security Commission 

Jane B Bolin and .Arlene G Sellers \ Employment Security Commission 
Jane B Bolin and .Arlene G Sellers v Employment Security Commission 

Environment and Natural Resources 

Charles .Xnthony Bruce \ ENR. Di\ ision of Parks and Recreation 

Patrick K VV Howie v Department of Environment and Natural Resources 

\\ illiam Steven Ray \ Parks and Recreation Falls Lake-David 

Kellam-Supen 
Don N Mitchell v North Carolina Wildlife Resources Commission 

Health and Human Services 

Velma Harper \ Dept of Health & Human Sen ices. Caswell Center 

Annette Honea v Department of Human Resources 

William Daxid Simpson V Macon County Board of Health 

Angela M Miles \ Cumberland County Department of Social Services 

Shung Fung-Chin v Department of Human Resources. Caswell Center 

Walker Cannon v DHR/Casuell Center 

Charity Swick v Cumberland County Depanment of Social SerMces 

Yolandra Best and Roy Hudson \ DHHS. John Umstead Hospital 

\'olandra Best and Ro\ Hudson \ DHHS. John Umstead Hospital 



CASE 




DATE OF 


PI BUSHED DECISION 


MMBER 


AU 


DECISION 


REGISTER CITATION 


97 OSP 0166 


Mann 


11/06/98 




97 OSP 1671*-' 


Smith 


06/30/98 




98 OSP 0014 


Gray 


09/01/98 




98 OSP 0050 


Becton 


07/10/98 




98 0SPOII9«^ 


Smith 


06/30/98 




Reillv 


08/11/98 






Reilly 


08/11/98 






98 OSP 0543 


Owens 


07/29/98 




98 OSP 0572 


Gray 


12/18/98 




98 OSP 0633 


Smith 


06/25/98 




98 OSP 0671 


Phipps 


10/09/98 




98 OSP 0757 


Owens 


10/05/98 




98 OSP 0846 


Mom son 


09/08/98 




98 OSP 0881 


Owens 


08/04/98 




98 OSP 0882 


Owens 


10/09/98 




98 OSP 0883 


Phipps 


03/17/99 




98 OSP 0905 


Smith 


09/25/98 




98 OSP 0984 


Owens 


12/02/98 




98 OSP 1092 


Gra\ 


10/07/98 




98 OSP 1115 


Smith 


10/06/98 




98 OSP 1155 


Mann 


12/21/98 




98 OSP 1175 


Owens 


11/25/98 




98 OSP 1 1 88 


Smith 


12/15/98 




98 OSP I2I4 


Owens 


10/27/98 




Phipps 


10/26/98 






98 OSP 1409 


Gray 


12/16/98 




98 OSP 141 1 


Gray 


12/11/98 




98 OSP 1566 


Smith 


02/09/99 




98 OSP 1583 


Chess 


01/07/99 




98 OSP 1 597 


Monison 


02/16/99 




98 OSP 1688 


Gray 


03/31/99 




98 OSP 1787 


Owens 


02/15/99 




Mom son 


04/16/99 






99 OSP 0041 


Phipps 


04/09/99 




99 OSP 0143 


Owens 


03/16/99 




97 OSP 061 7 


Chess 


05/27/98 




97 OSP 1157 


Morrson 


07/22/98 




98 OSP 01 70 


Gra- 


01/22/99 


13 18 NCR 1592 


98 OSP 0341 


Gray 


01/22/99 




98 OSP 0467 


Momson 


03/12/99 




98 OSP 0489 


Momson 


02/26/99 




98 OSP 09 19 


Phipps 


09/24/98 




98 OSP 0482 


Gray 


11/30/98 




97 OSP 1122"' 


Chess 


06/02/98 




97 OSP 1134*' 


Chess 


06/02/98 




98 OSP 0240 


ReilK 


06/08/98 




98 0SP124U 


ReilK 


02/11/99 




98 OSP 1603 


Chess 


03/19/99 




99 OSP 0064 


Owens 


04/12/99 




96 OSP 01 09 


Chess 


02/02/99 




96 OSP 0833 


Chess 


08/24/98 




97 OSP 0167 


Chess 


01/27/99 


13 17 NCR 1488 


97 OSP 0613*' 


Gra\ 


07/10/98 




97 OSP 0638*'" 


Chess 


08/13/98 




97 OSP 0731 


Phipps 


11/30/98 




97 OSP 0775 


Gra\ 


07/10/98 




97 OSP 0862*' 


Chess 


08/13/98 




97 OSP 0863*' 


Chess 


08/13/98 





Consolidated Cases. 



13:22 



NORTH CAROLINA REGISTER 



May 14, 1999 



1890 



CONTESTED CASE DECISIONS 



AGENCY 

Donald Ray Ebron v Department of Human Resources 

Kenneth Dippel v Columbus County Dept of Social Ser^'ices 

Fred Foster, Jr v Department ot Health and Human Services 

Donald Ra\ F.bron v Department olHuman Resources 

Shung Fung-Chm v Department of Human Resources. Caswell Center 

Ruth Holroyd V Montgomen, Ct\ DSS. Children's Services 

Tilda D Whitaker v Nash County Health Department Board ol Directors 

Fred Foster, J r v Department of Health and Human Services 

James W Crews v DIIHS. Murdoch Center 

Patricia R Quick v DHHS. Dorothea Dix Hospital 

Angela M Miles v Cumberland Countv Department of Social Services 

Delores La\emc Rich v Health & Human Services. Dorothea Di\ Hosp 

Clifidean Bethea V Lincoln Co Department of Social Services 

Robin Heavner Franklin v Lincoln Co Dept of Social Services 

Pat Hovis V Lincoln Countv Department of Social Services 

Elwin C Munson v Health & Human Services. Juvenile Evaluation Center 

Fred Foster. Jr v Department of Health and Human Serv ices 

Jackie M Sinclair v Duplin-Sampson Area Mental Health DD. SAS 

Da\id A Kilpatnck \ Health & Human SetMces. Caswell Center 

Fred Foster. Jr v Department of Health and Human Ser\ ices 

Laura Blanton v Cleveland Center 98 OSP 0453 

Anthonv M Rui7 v Department of Health & Human Svcs. Youth Svcs 

Rudolph Waters v DHHS, Youth Services, Dobbs School 

Euwell Falconer v Karen A Andrews. Gaston-Lincoln Area Mental Health 

Jeflrev L Williams v Dorothea Dix Hospital 

Minnie Barnes Edwards V Put Cty Mental Health. Dev Disabilities/SA 

Delores Laveme Rich \ DHHS. Dorothea Di\ Hospital 

Barbara Jean Paquette \ Durham County (respondeat superior for the 

Durham Countv Public Lihran. ) 
Linda Paige v Center Point Human Services Forsyth Mental Health 

Forsyth Industrial Systems 
Fred Foster, Jr v Department of Health & Human Services 
Fred Foster, J r v Department of Health & Human Services 
Fred Foster. Jr \ Department of Health & Human Services 
Stanlev K Strong v Jimmv Summerv ille. Dobbs School. Youth Svcs 
Derrick Skinner v Health & Human Serv ices. Cherry Hospital 
Kelvin J Leeks V Cumberland Cty Mental Health & Sub Abuse Facility 
Fred Foster. Jr v Department of Health & Human Services 
Paul L Longv Department of Health & Human Services 
Fred Foster, Jr v Department of Health & Human Services 
Laurie K Smith v Cabbarrus Countv Departmenlof Social Services 
Bnndia A Gaines v Juvenile Evaluation Center 
Brenda Broaden v Dept of Health & Human Services MH/DD/SAS 

Department of Insurance 

Patricia Casey Rollins v Department of Insurance 

Department of Justice 

Linda Margaret Koss v State Bureau of Investigation 
Marvin Sherriel Clark v Department of Correction 
and 
Marvin S Clark v Criminal Justice Ed & Training Stds Comm 



CASE 




DATE OF 


MMBER 


AU 


DECISION 


97 OSP 0881*-- 


Phipps 


02/09/99 


97 OSP 0905 


Gray 


11/09/98 


97 OSP 1287*' = 


Smith 


08/20/98 


97 OSP 1 406'" 


Phipps 


02/09/99 


97 OSP 1530*'" 


Chess 


08/13/98 


97 OSP 1586 


Smith 


05/27/98 


97 OSP 1665 


Gray 


1 2/02/98 


97OSPI70I*'- 


Smith 


08/20/98 


98 OSP 0060 


Grav 


07/20/98 


98 OSP 0061 


Becton 


07/16/98 


98 OSP 0084*- 


Gray 


07/10/98 


98 OSP 01 20 


Gray 


07/08/98 


98 OSP 1238*-' 


Phipps 


04/09/99 


98 OSP 1239*=' 


Phipps 


04/09/99 


98 OSP 1 348*-" 


Phipps 


04/09/99 


98 OSP 0140 


Phipps 


10/28/98 


98 OSP 01 87*'-' 


Smith 


08/20/98 


98 OSP 0252 


Smith 


12/31/98 


98 OSP 0271 


Owens 


08/13/98 


98 OSP 0403*'-' 


Smith 


08/20/98 


Smith 


10/02/98 




98 OSP 0454 


Gray 


06/04/98 


98 OSP 0474 


Mortison 


07/30/98 


98 OSP 0538 


Reillv 


08/06/98 


98 OSP 0595 


Becton 


07/22/98 


98 OSP 0684 


Gray 


03/15/99 


98 OSP 0763 


Gray 


1 2/02/98 


98 OSP 0765 


Mortison 


08/05/98 


98 OSP 08 1 9 


Smith 


11/05/98 


98 OSP 101 2*- 


Gray 


03/18/99 


98 OSP 1013*" 


Gray 


03/18/99 


98 OSP 1014*" 


Gray 


03/18./99 


98 OSP 1017 


Gray 


1 2/07/98 


98 OSP 1035 


Gray 


09/21/98 


98 OSP 1037 


Mortison 


02/11/99 


98 OSP 1075*" 


Gray 


03/18/99 


98 OSP 1 202 


Owens 


12/16/98 


98 OSP 1218*" 


Grav 


03/18/99 


98 OSP 161 7 


Reillv 


03/03/99 


98 OSP 01 10 


Chess 


04/01/99 


99 OSP 01 30 


Owens 


04/08/99 


95 OSP 0729 


Chess 


12/14/98 


97 OSP 01 89 


Chess 


08/14/98 


98 OSP 0300*'" 


Phipps 


01/08/99 



PI BUSHED DECISION 
REGISTER CITATION 



♦ 



13 02 NCR 257 



♦ 



Department of Public Instruction 

Lillie Burnette Pearsall V Wayne Ctv Bd of Ed, Mrs Veda McNair and 
Mr Steve Tavlor 



98 OSP 0944 



Smith 



08/25/98 



Secretart' of State 

Jonathan M Demers v Department of Secretary of State 

Department of Transportation 

Pasquale Vendettuoli v Department of Transportation 

Johnny O Shivarv Department of Transportation 

Teresa G Mitchell v Department of Transportation 

LarrvW Davis v Department of Transportation 

Sherrv Lynn Noles v Department of Transportation-NCDMV 

Clarice Goodwin Arthur v Department of Transportation, Femes Division 

Warten J Haines, Jr v NC DOT, Div of Highways 

Robert L Svvmney v Department of Transportation 

Carolyn J Parnell v Department of Transportation 

Deanna M Brown v Department of Transportation 

Vniversity ofj^ortli Carolina 

Joseph ,'\ Brvantv North Carolina A & T University 



97 OSP 1018 


Becton 


07/07/98 


97 OSP 1090 


Morrison 


12/19/98 


97 OSP 1366 


Reillv 


09/01/98 


97 OSP 1 565 


Smith 


1 2/09/98 


98 OSP 024 1 


Grav 


07/08/98 


98 OSP 0269 


Chess 


08/11/98 


98 OSP 0864 


Phipps 


09/24/98 


98 OSP 09 10 


Gray 


04/16/99 


98 OSP 0969 


Gray 


02/09/99 


98 OSP 1251 


Owens 


03/01/99 


98 OSP 1438 


Phipps 


03/15/99 


96 OSP 1698*"' 


Mann 


1 2/02/98 



13 03 NCR 343 



s 



1891 



NORTH CAROLINA REGISTER 



Max 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



Joseph A Br>anl \ Nonh Carolina A & T Uni\ersit\ 

Douglas Love. Jr \ UNC Hospitals 

Deborah J Fenner \ NC Central Uni\ersit>' 

Joyce M Smith v Nonh Carolina Central University 

Edwin Swam v University ofNorth Carolina at Chapel Hill 

Patricia A G Roberts \ Asst /Chan /Qty Mgmt /Dir Human Res UNCW 

Leo Watford. Roosevelt Parris. Claiborne Baker, et al v Universit> ot^ 

North Carolina at Chapel Hill 
Johnns Johnson. Jr v A & T St University Student Union-Grievance Bd 
Jessie L Johnson v Bernard K Locklear. UNC at Pembroke 
Jonathan L Fann \ North Carolina State Universit\ Physical Plant 
Greta M Hawthorne v University of NC at Pembroke 
Robert W Brinson v NC State Universit\ 
Alberta A Ingram-Peterson v NC Central University 
Leslie Wright \ NC State University 
Thomas H Hastye, III v NC A & T State Universm 
Fred T Jackson v UNC-Charlotte Recreational Facilities 
Betty Parks v Winston Salem State Lini\ersiu 'JS OSP 1278 
Ronnie Bell \ Dave Hillard. L^NC at Charlone 
Brenda D Moore v Att> Wanda Jenkins. Fayetteville St University 
Joseph Carroll Goodlake v UNCA 98 OSP 1 535 

Timothy Edwin Grizzard v North Carolina State University 

STATE TREASURER 

Hugh A Wells v Consolidated Judicial Retirement System of NC, 

Bd of Trustees Teachers and State Employees' Retirement System 
Walter Williams V Bd of Trustees NC Local Go\ Emp Retirement Sys 
Alfred R Grooms \ State Treasurer. Retirement Svstems Division 



TRANSPORTATION 

David Warren Dew et al 



Motor Vehicles. Alexander Killens Comm 



IM\ ERSIT\ OF NORTH CAROLINA 

Patricia D Hall \ University of North Carolina al Chapel Hill 
Ladonna P James v UNC Hospitals 
Joyceline Sellars v UNC Hospitals 



97 OSP 0242*" 


Mann 


97 OSP 0662 


ReilK 


97 OSP 0902 


Chess 


97 OSP 1297 


Smith 


97 OSP 1694 


Morrison 


98 OSP 01 78 


Phipps 


98 OSP 0254 


Chess 


98 OSP 0299 


Owens 


98 OSP 0444 


Gra\ 


98 OSP 0465 


Becton 


98 OSP 0831 


Chess 


98 OSP 0887 


Owens 


98 OSP 1024 


Smith 


98 OSP 1088 


Smith 


98 OSP 1114 


Reillv 


98 OSP 1216 


Smith 


Chess 


11/25/98 


98 OSP 1 330 


Smith 


98 OSP 1506 


Smith 


Phipps 


01/07/99 


99 OSP 0140 


Owens 


98DST0316 


Morrison 


98DST0774 


Smith 


98DST 1128 


Reilly 


95 DOT 1 1 44 


Gray 


98 LINC 0397 


Reilh 


98 UNC 0591 


Becton 


98 UNC 1113 


Smith 



12/02/98 
06/08/98 
05/29/98 
06/25/98 
07/31/98 
10/08/98 
07/17/98 

09/02/98 
09/29/98 
07/17/98 
09/11/98 
08/10/98 
10/14/98 
02/03/99 
12/30/98 
10/22/98 

11/10/98 
01/25/99 

04/06/99 



06/05/98 



1 2/08/98 
03/05/99 



06/04/98 



08/20/98 
07/20/98 
10/22/98 



13 01 NCR 166 



13:22 



NORTH CAROLINA REGISTER 



May 14. 1999 



1892 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF DARE 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

98DHR 1565 



« 



DEBORAH PELLEY, 
Petitioner, 

V. 

N.C. DEPARTMENT OF HEALTH AND HUMAN 
SERVICES, 

Respondent. 



RECOMMENDED DECISION 



The above-entitled matter was heard before Robert Roosevelt Reilly Jr.. Administrative Law Judge, on March 1 7. 1 99Q. in 
Manteo, North Carolina. 

APPEARANCES 

Petitioner: Deborah Pelley, pro se 

Respondent: Kathleen U. Baldwin. Assistant Attorney General 

ISSUES 

1. Whether Respondent failed to assist Petitioner in the handling of her interstate child support enforcement case? 

2. Whether Respondent is improperly holding monies belonging to Petitioner? 

3. Whether Petitioner is entitled to attorneys fees for services she received from California attorneys? 

FINDINGS OF FACT 
Based on the preponderance of the evidence, the undersigned makes the follow ing findings of fact: 

1. All parties areproperK' before the Office of Administrative Hearings (""OAH""). and the OAH has jurisdiction over 
the parties and the subject marten 

2. Respondent operates a child support enforcement program under the North Carolina Department of Health and 
Human Services. Division of Social Services. Child Support Enforcement ("CSE") section. Said program is 
organized pursuant to Title I V-D of the Social Security Act, 42 U.S. C. §651 rf ^ccy., as amended by the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996. Pub. L. No. 104-193. 110 Stat. 2105. and 
receives both federal and state funding. The North Carolina CSE program is described in G.S. § 1 10-128 el seq. 

3. Petitioner applied for services with CSE in Dare County on February 21. 1995. requesting assistance in enforcing 
child support due her minor son. Matthew Nelson Pelley, from her e.\-husband, Raymond Wilfred Pelley, Jn, 
pursuant to a California child support order. 

4. Mr Raymond Wilfred Pelley, Jr. resides in California and has not resided in North Carolina at any time relevant 
to this case. 

5. Petitioner is not a recipient of Temporary Assistance for Needy Families (TANF) or its predecessor program. Aid 
for Dependent Children ( AFDC). 

6. Petitioner's case became active in early 1997 when a case ■'clean-up" \sas initiated by CSE in preparation for going 
to the new automated system. Petitioner was contacted about her desires to continue with CSE services and she 
indicated she did want her case pursued. Prior to that time. CSE had no contact with Petitioner after her initial 
application for services. 



1893 



NORTH CAROLINA REGISTER 



May 14, 1999 



13:22 



CONTESTED CASE DECISIONS 



7. On January 22. 1997. Respondent wrote Mr. Raymond Wilfred Pelley. .In regarding his child support obligation 
and received in response to that letter a copy of a motion filed on Februan. 18, 1997. in Los Angeles, California, 
by Mr. Pelley's attorney. Said motion requested a modification of child support, determination of the amount of 
child support arrearages, and also presented extensive issues regarding Petitioner's alleged failure to abide by the 
visitation provisions set forth in the original California divorce and child support decrees. Such visitation issues 
were presented as Exhibit A to Mr. Pelley's motion. 

8. Cindy Wilson, Program Consultant for the State CSE program (and former Supervisor of the Manteo CSE office), 
testified that she was concerned that the case in California was calendared to be heard so quickly and transmitted 
by FAX a number of documents to the Califomia child support enforcement authorities, including a request that 
the case be processed via the Uniform Interstate Fainily Support Act ("UIFSA'"), a law enacted in all states and 
found in North Carolina law at Chapter 52C of the General Statutes. 

9. In March 1997, Petitioner wrote a letter to Dare County CSE's I V-D attorney, Tom Davis, requesting his assistance 
on a number of legal matters, including questions regarding custody and visitation and proceeds from a personal 
injury settlement in Califomia. 

10. Mr. Davis very promptly responded to Petitioner by letter sent via FAX indicating that he was not licensed in 
Califomia and also that he was prohibited by law from handling any matters relating to child custody or visitation. 

This letter did not advise Petitioner to seek counsel for her child support case but pointed her toward seeking 
assistance from the Califomia IV-D program. Mr. Davis made additional effort for Petitioner by consulting 
Martindale-Hubbell and listing several "av" rated Firms specializing in domestic law in the Los Angeles area that 
might assist Petitioner in her custody and visitation issues. 

11. Even after Mr. Davis" letter, CSE officials were in contact with Petitioner and continued contacts with California 
authorities regarding Petitioner's child support case. 

12. Petitioner hired a Califomia attomey who ultimately handled both the child support and the custody and visitation 
issues in California. 

13. In July 1 997, the Los Angeles District Attorney's Office took Petitioner's child support case to court and obtained 
an order that money be redirected through the Court Trustee and that the case was to be enforced b\ the Los 
Angeles District Attorney's Office. 

14. After Petitioner hired private counsel and the entire case had been referred to Califomia authorities as an interstate 
case. Respondent closed Petitioner's case in Januar>' 1998. In Januar>' 1998, the case was heard in Califomia and 
a judgment was entered in favor of Petitioner against her fomier husband for the principal amount of $36,955.15 
with interest of $13,446.57. The Dare Countv CSE case was reopened in August 1998 after monies came into the 
Raleigh CSE office from Califomia on Petitioner's child support case. 

15. In August 1998, a pa>ment of $1200.00 was received in Petitioner's case and was mailed to Petitioner by the 
Raleigh CSE office but was returned for lack of good address. This check was reissued in October 1998. 

16. More money came in on the account in October. 1998. On October 26. 1998, a pa\ment of $18,800 was released 
to Petitioner. Another $7000 was held pursuant to a request by Califomia officials so that the\ might complete an 
audit on the case. 

17. On December 1 . 1998. a check for $7000 was issued to Petitioner after the audit was completed. 

18. Checks in the amount of $400 for ongoing child support have been issued to Petitioner on December 10. 1998. 
January 12, 1999, Febmary 5, 1999, and March 17, 1999. Money in Petitioner's child support case goes through 
the California CSE authorities to the Raleigh CSE office. 

19. Respondent is not holding an\ mone\ for Petitioner. Mone\ has been disbursed quite promptK in this case. 

20. Respondent never refused to provide services to Petitioner nor did it recommend that she obtain private counsel 
for her child support enforcement case in Califomia. 



13:22 NORTH CAROLINA REGISTER May 14, 1999 1H94 



CONTESTED CASE DECISIONS 



CONCLUSIONS OF LAW 

Based upon the foregoing findings of fact, the undersigned maizes the following conclusions of law; 

1 . The parties are properly before the Office of Administrative Hearings. 

2. Respondent provided services to Petitioner and attempted to assist her in coordinating her child support 
enforcement case with the California CSE authorities. 

3. Respondent could not directly pursue enforcement of Petitioner's case in North Carolina because North Carolina 
does not have personal jurisdiction over Mr. Pelley and also because the California courts specifically retained 
jurisdiction in the original divorce and child support decrees, to which Petitioner consented. 

4. Respondent is not holding child support money for Petitioner. 

5. Respondent did not advise Petitioner to seek private counsel in the child support case but rather for her child 
custody and visitation case. In any event, attorneys fees may not be awarded against Respondent because of the 
doctrine of sovereign immunity. The State of North Carolina has not waived its sovereign immunity in this matter 

RECOMMENDED DECISION 

Petitioner was unable to meet her burden of proving her case and it is hereby recommended that judgment be entered in favor 
of Respondent. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings. P.O. Drawer 
27447, Raleigh, North Carolina 2761 1-7447, in accordance with North Carolina General Statute § 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity' to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. § 150B- 
36(a). 

The agency is required by G.S. § l50B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to the 
Office of Administrative Hearings. 

This the 14" day of April. 1999. 

Robert Roosevelt ReilK Jr 
Administrative Law Judtje 



i 



1H95 NORTH CAROLINA REGISTER May 14, 1999 13:22 









> ^ 
< s 









5?.i 



2 ae 


u 




1- f; 





IT 


OX ^ 


c 




= «^ 


u 


;/; 






4* ON 




;j 






1 


a. " 


c 


W3 




0. 5 




c ■= 


3 


T 




'■r. 


c 
E 


^ ^^ 


^. 




«*: — 


n 










_w w 




E 


3 3 




c 




2: 
11 




4> *- 


LaJ 




;> •- 


w 


'■S ^ 







Z 



oc 


00 

I-*-) 






oc 

1^1 


OC 


oc 


3C 


oc 


oc 


=c 


OC 


OC 


OC 


a; 


a: 
z 


z 


z 


a: 
'.J 
z 


a: 

Z 


z 


0; 

z 


a: 
z 


Z 


0£ 
Z 


a: 
2 


Z 


z 


r^ 


r~~ 


r- 


r- 


r^ 


r- 


r- 


t^ 


r^ 


r^ 


r- 


[^ 


[^ 


r- 


r^ 


^ 


rn 


:2 


f-r-, 


t^ 


:2 


-' 


::' 


2 


r*-, 


2 


r*-i 


r*^ 



>' = 



s 


« 


c 


« 


u 


4; 


i* 


£ 


£ 
'^ 


b 




■■r. 


;« 




f 






4rf 






U 




e 


b. 


.0 


^r 


c 










3 
















^ 


>-. 


i 


-n 


« 








j:' 




-n 


C 






c 


• = 


c 


n 


« 






~i 


F 




M 


3 








3 




n 


^ 






u 


u 




c 


4rf 


n 












U 















rs 


^ 


u 


1- 



< < 



CL CL C^ C- CL 
C- C^ C- C- C- 

< < < < < 



0/ a4 


C 


Qi 






s »; 


F 


























5^ i/; 










a: iS 




3 






4, »< 










J= -c 














c 






= K 


;i 


•^ 
















« c 


n 












3 








Of 






1^ 


3 








J= '— 


II 








3 "^ 








C c 


■■ 


« 






■^. '■> 


















= £ 


c 


■0 




a: 


c = 


c 




'^ 


C \. 


3 




/ 






















c = 




I- 




C: 


■3 S 


SJ 






l-r-, 


u C 




u 




— 


^ c 


t* 








-= ■" 





<ri 






t; ^; 


3 
© 








■s £ 
















- 1 


3 


3 






i^ W 


U 


51 


















•r. 








^ .i 


■3 


3 






^ -* 










^ Crf 










.i ai 


£ 


F 






= i 


3 


-i 






- a: 


■3 
3 

C 


2i 
II 





oc 


J5 — 


'^ 
^ 
b 


+ 


'—J 


C -3 






/■ 


/ 




i/; 


'Z 


;/: 


r J 


If 




3 




3 -r. 


0.* 


c 


^ 




• — ^ 


3 


h 






t 3 


2£ 


fvi 


u 





■3 - 


II 


a. 


~ 



a: 


a: 


lii 


ai 


oi 


a: 


a: 


Oi 


cs; 


rV 


^ 


^ 


^ 


^ 


u 


w 


;_; 


wJ 


^ 


wJ 


z 


z 


z 


Z 


Z 


Z 


Z 


Z 


Z 


z 






oc c 
a: a: 
z z 






2: ~: a; 



2 z z z 



z z z 






■3 = 



< 

Z 



-5 £ 



!— .' 


^ 


E 





<^ 


— 


r 1 


r*-, 


„ 


rj 






— 


f- 




"= 


— 


r-\ 


(^1 










-t 


' — 


"T 


< 






— . 






.— 


3 


~ 




— 


a 




< 

z 




I/-. 


yr. 


ir, 


yr. 


ly, 


ly, 


'r, 



< 

Z 




a 


c 

0.* 




r-x 








ri 


U 




z 

^ 


s 
3 



1 


< 
Z 


< 
Z 


< 
Z 


< 

z 


< 
Z 


< 

Z 


< 
Z 


r-j 


a 
< 


w 


~~ 


c 

















a: 
z 



E - 



< 
Z 



< < 



< < 

z z 



smmmam 



Q. 
O. 
■«■ 









< E 



E t 



X = 



♦ 



OC OC =C OC cc 



Z Z 



Z Z 



Z Z 



OC CC OC 3C oc oc 

Qi ai :^ :^ :ii ce: 

O L; 'w- '--^ 's-.- '_^ 

z z z z z z 

r- r^ r^ r^ r-~ r~- 



oc 


oc 


OC 


oc 


cc 


iC 


K 


r^ 


r- 


r~- 


t^ 


r- 



C CL C- 



< < 



& I I 



I 



^ vC >C sC 



Z Z 






o 

7 












z 


z 


Z 


z 


z 


or- 


oc 


3C 


cc 


■X. 


sr 


o 






















r^. 


^ 


— 


r^, 


Z: 


H' 



n 

V". 






•y-, 


ir. 


ir. 




yr. 

O 




O 


I/-, 


"C' 


iV 


1^ 


2s: 


a; 


2!i 


C£l 


1^ 


Cii 


:v; 


:»; 


:^ 


^ 


Z 


Z 


z 


z 


z 


z 


z 


Z 


Z 


z 


z 


z 


tr, 

O 


o 




^ 


o 


r*-, 


yr. 


!II: 


I/-, 


H: 


ir. 

O 


— 


!2 


— 


r'-, 


»-*", 


Zt 


— 


— 


r^) 


r'l 


r^) 


:i: 


r*", 



'w* '_/ ^ O U' '-^ '— ' '^ '-^ 'wJ "w* O 

zzzzzzzzzzzz 

r-i r-i n (-J rj n (~l r-j r\ r-\ cn fN 

'-^, r*-, r^, r^, r^-, r*-. .— , r^, r*-. r^, r*-, r^ 

B 
CC' -t 'i.' ■£ ^ 95 £■ O — ri r^", -rl- .2 _ 
rj ri rj rj rj ^i r j rj rj r i n n K — 

■>-, "/-. '>-, IT. U-, >/-. .y. -r. yr. ■/-. tr, ly. "5 _ 

'^ 'w- ^ '—' L- ^ 'w- 'w- '^ L' '^ ^ .Si ' , 
<<<<<<<<<<<<3< 

zzzzzzzzzzzza_2 



z z 






ri — 



4 



T 


^ 


-T 


T 


■3 

c 


< 


< 

yr. 


< 


ir. 


'r. 


'/■. 


< 


< 


< 


< 




< 


< 


< 


< 




<" 


z 


z 


z 


z 




Z 


z 


z 


Z 


Z 


z 






X 




u 


a- 


a 


, 


T. 










CT3 


UJ 


^ 



< e 






a 






2 Z 



Z Z 






Z Z 



a: 

Z 



o: 


a: 


Di 


Qi 


Qi 


w' 


u 


u 


Cj 


o 


z 


z 


z 


z 


z 



fo 



a: 
z 



a: 



a: 


Di 


ai 


Qi 


Di 


a: 


■^ 


O 


'^ 


o 


^ 


^ 


Z 


z 


Z 


z 


z 


z 



la; 


cc: 


ai 


r^ 


cc: 


o 


^ 


^ 


•U 


>-^ 


z 


z 


z 


z 


z 









a: a: q: 

O u '-J 

z z z 

OC OC OC 

o O' o 



a: 
U 
Z 



OS 

o 



u 
z 



z z 



02 
Z 



^ ai 
Z Z 



is: 
o 
z 



02 o: 
z z 



02 

z 



02 
Z 



2 



sC vO ^ 

r'', r^, r*-, 

a: 02 02 

z z z 



Q2 






o o o 






< 
z 



< < 



< < 

z z 



5 — 



< 



X 




u 


a 





. 


7 






^ 






UJ 


7 


> 




MM 


aj 


< 


? 


»l 


j= 


^ 


■n 


S 




^ 


-a 


U 


Q. 

1 



F, u 



iiz 



o 
Z 



E 









♦ 



CJi 


a: 


Di 


o 


o 


O 


/i 


^ 


/i 



z 



a: 

o 



a: 
z 



z 



z 



c c- c- 

< < < 



< < 



< < 



c C^ c- 

< < < 



I 



'— ^ '-^ L^ '^ O '—^ L> L' O L^ O 
ZZZZZZZZZZZ 

0O0COO3C0COCCOOCOCOO0C 

O 'O o o o o o o o o o 



2t: a: 



z 

oc 

o 



a:: si 2i 2i 

O _; ■_/ o 

z z z z 

oc oo oo oo 

o o o o 



ai 
O 
Z 



u 

Z 



U 

z 



o 





o 


OL 


a: 


Z 


z 





S 


o 


O 


o 


r*", 




o 


^ 


ro 


Oi 


ai 


QL 


Qi 


Di 


ci 


Qi 


Di 


Qi 


a: 


Z 


Z 


z 


z 


Z 


z 


z 


z 


z 


'•J 

z 



o 



o 



a:. 
o 
z 



o 



o 


o 


o 


^ 


vD 


VD 


r*~< 


rn 


r^ 


ci: 


QC 


cs: 


o 


O 


o 


z 


z 


z 



C: C O 



C- J '£.' ~ 'IZ' ~ CJ ~ ""' '~^ -^ ■— — ri r*-. r- oc O- O' — ;;^ !Z-.' ""' "^ 'i.' ~ "^ 

— — r^ r<-| -^ -t I/"- I/", T, T, V, '/"i iJ", ly-, »/-, ly, ly. ly*, I**, ,C ^O O ^ O O^ O" 

ly, LT, ir- </-, y-. ir, ly, ir. </-, u-, <v-, ly, kt. "/-, w-, w, tr, ir. kt, w, w, ir. tv. ly^. 'v, w", 

oooooooooooooooooooooaooo o 

',j '—J '^ Lj O O U '-^ '-^ O U 'w> U '«-> O O O O O U Cj '^ O '^ O O 
<<<<<<<<<<<<<<<<<<<<<<<<<< 

U O 'o 'o O U ^ U-* '^ O o o 'w* U L^ O L/ ^ O U> O O O 'w^ O O 



i 



o. 






X 

c 



>1 

< E 



of- 



W -3 



KO. 



? 5 



z 



u 

z 



u 
z 



a: 
u 

2 



^ o. 

o < 



irj 



z 



u 

2 

00 

o 



oc :»c oc oc 





z 


2i 

z 


a: 
z 


ai 

z 




5c 


5c 


5c 


oc 


Z: 


r: 


::• 


Z: 


Z: 



ai 
z 



z 



z 



< 
z 



c- c- 3> 



ci; 


a: 


z 


z 


-r 


T 



< 
z 



5 




r^, 


sC 


2 




a: 


ai 


ai 


ai 


a: 


£ 


z 


Z 


z 


z 


z 



c -D = = 






E 
o 



04 



< 



a> — — r-4 ^. 
4* o o o c^ 
>-> 
_o 

Q. 

s 



1/3 
O 
Z 

> 



a: 



a: i~: ~; 



1^ 
o 
z 






r', r^, r'l 

O O o 



55 



< 

z 



< 
z 



< 3 






u 


("J 


— 


r^, 


Q£ 






• 


^ 


IZ 


C2 


_; 




^ 









rj 


-r 


t; 


C; 


^; 


U 


<■ 


< 


< 


I J 


'.J 





Of 



z 


z 


Z 


rj 


r] 


rj 


•< 









< 






< 
z 



Q 



0. 

Q. 



IHBl 



a. 
a. 



R « 



:= E 



c 
> _ 

< £ 



E=* 



¥.1 



S*,,^ 



t 



^ sC sC sC 



Z 2 






z z 



a: a: 



ai Qi ai a; 
o o o o 
z z z z 



a: 
o 
z 



Di 

O 



z z 



z 



ocococccocooooa^cccoooococccccoC'OO oooo 

C^ O"' O^ C7"> O^ O^ C^ O^ O"' O" 0^ O^ O"' O^' O- C- Cr' Ov o^ 

— — — •^ — — — f^— — — — — — — — — o^o: 

— — _ — — __o— — — — — — — — — oo 



c o o c o 



CL ,£: c c 

< c < < 



CL ex c c^ c 

C CL CL CL C 

< < < < < 



♦ 



q; 


a: 


f^ 


ai 


a: 


he: 


a: 


^ 


:v; 


•~j 


^ 


u 


-; 


;^ 


^ 




^ 




z 


z 


Z 


Z 


Z 


z 


z 


z 


^ 



a: a: ai 



ai 
z 



o o o 



ai 


ai 


ai 


ai 


a; 


ai 


a; 


2c; 


a; 


ai 


Z 


■■-' 
Z 


Z 


Z 


Z 


■—J 
Z 


Z 


2 


z 


O 
2 


ly. 


U-, 


O 


O 


O 


O 


^ 


"/-, 


"/". 





a: a; 
z z 



ai ai 

z z 



z z 



ai a: ai 

O O L> 

z z z 



a: a: 

z z 



a: 
z 



a: 
z 



a; a: a: 
L/ o 'w' 

z z z 






O c: O' 



O O O' 



< < < 



< < 

Z Z 



O 
Q 
Of 
■< 

O 
n 

U 

z 



H 

u 



a; 
O 
Z 



< 



< 

z 



< < < 

cj u o 



< < < < 



z z 



H 
u 
-J 
z 

H 



_1 
< 



) 





rr 


X 


o^ 


u 


O 


Q 


, 


r, 


i-~ 








:n 


u 


^ 


^ 




H 


3 


^ 


O 


^ 


x: 


■^ 


-a 


S 


OJ 


LJ 


•a 


U 


O- 

Z3 






;= c o 

tJ C o. 

oj a. 



iZZ 









cc oc oc oc 



ai 


a; 


cc 


a: 


oi 


a: 


Di 


a: 


a: 


O 


o 


o 


^ 


U 


o 


o 


O 


U 


-i 


z. 


^ 


^ 


^ 


z 


2 


Z 


2 



z z 



z z z 



z z 



o ^ w >-J 

z z z z 



OO 00 00 oo 



00 oo oo 



OO 00 00 oo 



C- C- C_ C- c- 
C C^ C> C- Cl 

< < < < < 



C- C CL Ci. C 
C- C- CL Cl. CL 

< < < < < 



ly;; 00 c/:i 00 izi 00 izi 



r- 


r^ 


t^ 


r^ 


r- 


(^ 


t^ 




r~ 




















o 


O' 


so 








o 




o 


o 


o 


o 


o 


o- 


r>. 


rr 


rj 


rj 


ri 


r-i 


rs] 


fN 


(N 


H 


r^ 


^ 


^ 


sD 


:i: 


Qi 


::^ 


Qi 


£^ 


a: 


a: 


H 


OL 


Qi 


ci: 


a: 


^.; 


^ 


-J 


'~1 


~) 


-J 


u 


^ 


^ 


O 


V J 


o 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



\o ^ ^ ^ 



r^ ri ri rj 



r^ f--i r\ rj n 



q: a: Qi 

O o o 

Z Z 2 

oo oo oo 

o o o 

r<i r^, r*-i 



z 



2 



oo 00 DC 



Of 
< 

O 
ea 

-J 



< 



< < < 



OS 
u 
z 

i 

u 
u 

of 

H 
U 

U 
-J 
X 
H 



C/2 
Of 



X 
u 

H 

z 

Z 

o 

u 
u 

u 

m 

D. 

u 






^ ^ ^ \0 



z z 



z z 



z z 



Di 


a: 


a: 


O 


^ 


o 


2 


2 


2 



2 



^' O 
< LL. 



^ O O 

< < < 

u o o 

Z 2 Z 



< 



< 


< 


< 


< 


< 


< 


< 


o 
< 


2 


2 


2 


-J 
Z 


Z 


z 


z 


z 



-B 'S 






> _ 






E =* 






?: 5 






<^' 


^. 


^' 


r*-, 


^' 


'^. 


^' 


^' 


"^ 


''^ 


^^ 


^' 


^^ 


^' 


''^ 


''■ 


r'. 


^, 


rn 


r*-i 


Qi 


2; 


i: 


ar 


ci 


ai 


2i 


ci 


^ 


IK 


~: 


a: 


~: 


Qi 


si 


~: 


2: 


q: 


a: 


o: 


z 


Z 


z 


Z 


Z 


Z 


z 


Z 


z 


Z 


z 


z 


z 


z 


Z 


z 


Z 



z 



z 


z 


r^ 


t^ 


t^ 


r^ 


t^ 


r^ 


r^ 


f^ 


r- 


i^ 


t^ 


i^ 


t^ 


r^ 


t^ 


r^ 


r^ 


r^ 


r^ 





Di 


^ 


^ 


a; 


ai 




z 


z 


z 


z 



Z 


fN 


t^ 


(^ 


t^ 


r- 



o- o- c- 



r- — r^ 



> > > 



< < 



<<<<<<<<<<<< 



■ — c c c 
j:: c^ CL CL 

c < < < 



< 



^C sC -C ^C sC ^ 

o^ c ^ c o* c 

•C -C \C -^ ^ sC 

C:! :^ ^ :^ z^ ^ 



z^ a: cuL :sL 



Z Z Z 2 



z z z z 









a: 

z 



C' cr cr 



c^o- o^co^crco' 



r^l 



-I 



rj 



i-J 



r\ r\ 



rj 



a: 
z 

o 



O U ^ 's^ '^ '-/ 

z z z z z z 

o o o o o o 



rj; ^ 1;*; -v; ^ -• 
L^ O ^ w O L> 

z z z z z z 



a; a; :£ a; 

O L; O L; 

z z z z 

n-, r*-, r^-, r^ 

0000 



c- C^ o- c 



r^ P-* ^ rV 1^ 



<-<^ 



<-^ 



r*-) 



2 S 



< < 
z z 



< < < < < 

Lj O L^ 'nJ L^ 

z z z z z 



2 

3C 




2 
oc 


2 

oc 



2 

oc 


00 


< 


< 


< 


< 


< 


< 




z 


Z 


Z 


Z 


Z 


Z 



2 z z 



:z- iz. -z. 7i 



< < 



< < 
z z 



Of 

a. 
O 

Of 



z z z 






— (^-1 



« 



_ tjj 



^ — 

a. ~ 



o '-^ ^ ^ 
< < < < 

'^ ■-/ '_J u 

z 



z z 






X 




u 


o^ 


a 


, 


r 


1^ 










b; 


•> 


.> 




f- 


yj 


< 


R 


U 








_> 


-n 


^ 


a; 


^ 


■o 


U 


_c. 



a. 
c 
< 



= ^ 



•3 = C 

— <h o 



?f- 






= ^ 

5iL 



I.I 



is: 



00 

< 



a: 

z 



f] — r\ — ri — '~i — rt — n — n — '^j — r\ — r] — n — r\ — r-l — rj — rj — rj — ri — rt — — 

"/-J (^ "/-J r^ i^j t^ "y", r- ly", t^ ly, (^ *r. [^ <y-, t^ »/-, t^ lA, r^ i/-, I — I/-, t^ U-, r^ y-, r^ I/-, I — iri r^ ir, [^ ly, I — t^ 

^C — ^— ^ — ^ — ^■ — sO — ^ — sO— sC — vo — ^ — ^ — ^C — sC — sC — ^— ,0— ^ 

'._j '-^ ^ '^ -^ 'w- O '^ '.^ '^ '^ Lj L^ '^ O '-J '^^ w* '^ '^ '— ' 
2ZZZZZZZZZZZZZZZZ 

o (~t o n o 



z z z z z 



^ '_^ L' L> '^ ^ L> U^ '_^ '_> Lj 

zzzzzzzzzzz 



ii: 


a: 


^ 


^ 


^ 


V 


^ 


.V 


.^ 


~- 


.V- 


ct: 


.V 


^ 


.V 


.^ 


^ 


2i 2i 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


^ -y 

z z 


'/-. 


"y, 


U-. 


LT, 


ly-. 


'y. 


I/-. 


"/-. 


IT. 


'y. 


'/-, 


■y. 


'/-, 


«/-, 


T. 


'y-, 


"/-, 


ly-. ly. 


2 


2 


:i. 


2 


::. 


^ 


2 


2 


r^j 


:^ 


^ 


::; 


^ 


::; 


Z: 


2 


^ 


Zl 2 



>/"- !/■. '/"i 'y, >/", >v", I/". >/", •/", >y, I/", w, w. "/". '/", '/", <r. *r, i/-, ly, ly, i/-, 

U U O L^ Lj '^ w> '•— ' 'w* 'w/ '— / ^ '-_> '^ '^ 's_> ^ '^ L' L/ 'wJ O 

zzzzzzzzzzzzzzzzzzzzzz 

2:2;2:2l22: 2: 5; 2:2:2; 2 2: 2;2: 2;2;2:'2 2:2: 2 

,— ' 2 "^ — r--] r^ — —^ r^\ ri — — rt r-j r*-, r*-, -t -t — — rj rj <-*-, i-^, -r ~t >/". '■'". — — i:~\ r~-\ r^, r^. — . — — — — 

o o ~ ^ ~ ~ 5 cj cj c' ^' 5 5 5 ^' 5 5 5 zt 5 5 5 5 5 5 5 5 5 'Z' 'Z' 'Z '5 ^' iZ ? 5 ^ ^ s 

u: Lu iL. ~ : : ; : ; : 

O O O O O' O O O O O' O' O O' O O' O' O' O O O O' O O C' O O 'O O' O O O ^' o c: O O O O' o o o 

< < < < <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 

U O O O O U O Lj U O -^ O O O '^ O O O O U U O O O O O O O O o L; O O O 'U O Lj O O O O 
Z Z Z Z ZZZZZZZZZZZZZZZZZZZZZZZZZ2ZZZZZZZZZZZ 






^1 

a 
z. 

u 
> _ 

— wj 

< 2 

J ^ 



n -3 

Ea.. 



¥.1 



♦ 



oo 


oc 
o 
oc 


oo — 

^C 00 

00 r^. 


oo 


:^ 


:i; 


Di QC 


c^ 


2 


— / 
z 


z z 


Z 


r^ 


ri 


<-] r^ 


r^ 



z z 



oo 
oc 


oc 


00 — 

^o oo 

oc r*-> 


dl 


Ct 


^ ClC 


Z 


Z 


z z 


p{ 


r- 


rj — 



0OO^0CC>00O'0OO^ 






r-j — r-i 



-U 



> > 



QJ 



O ^ '-* - ■;> j^ 

- ^. C - ^ c c c 

c < r < < < 



C- C- C- 
C- C- Cl 

< < < 



< < Z < < Z < < 



JZ C-^ C--C C-C C 

c < z < z < z < 



♦ 



< 
z 



< 
z 



< 
z 



z z 



2: 2i 

z z 



2: :2: 



a: 



<■*"- r^, r*", 



a: 2: 

O O 
z 



z z 



z 



z z z z z 



< 
z 



< 
z 



< 
z 



v. 



"V, nC 



— ■ — — r-J rJ (^J i^J 0-1 rn r^ 

O O O O' O O' O O C' o 



r I — 



-i ,-i, V5 



£ u— C2 



- = - ^ E :;■ cC' K 



< < 



2 z 



O O' o 

'^ '^ o 

< < < 

'-; '-> ^ 

Z Z Z 



c^ 


' 








u 


ii;] 











r^, 








u 


— 








-J 
-J 













r- 


^ 













u 






u-< 


u*. 














>■ 


m 





U 





H 


rs 


ri 







z 


L/ 





; J 


:j 


_J 


< 


<" 


< 


<• 




'^_/ 


■^ 





u 


^ 


Z 


z 


z 



♦ 





o^ 


X 


o- 


u; 


o 


a 


, 


T 


r- 








rt 


Ui 


'> 


^ 




H 


2P 


< 


P 


-X 








•mi 


-n 


^ 


dj 


-i 


■o 


r 1 


Cl 



a. 



Si ^ 






!= E 









i c 



u 
z 



(J 

Z 






< 
z 



sC vC -c 



a; 
Z 



z z 






ar- 
Z 



z 



a: 
z 



< - 
z 2 



O Q 



< 



-N^ 


X 


w' 


Qi 


Z 


bJ 


c- 


r 






^, 


^ 




<■ 




X 


•^ 


UJ 


rA 


H 




QC 


Q 


< 




u 






< 




z 


? 


r-, 


t/i 


f-) 







u 



z z 



a: ai ::: 

'^ w^ L/ 

z z z 



a:: ai 2i 

z z z 



- — < 
CZ' :2 z 



< 
z 



— r', Tj- ^ i/-i (N _ ^^ rr-, r', 

oooooooo^ — 

OOO'OOOoO^^' — 



< u 






95 ~ ^ — 



^ -. i^ -<; 

^ -:J- -r -T 



J 1^ — I/-, ly, 



< < < 



< < 

z z 



< < < < 



o o 



o 



< < < < < 

z z z 



< < < < < 

L^ O '^ 'w* '-^ 

z z z z z 



< < < < < 

L; ^ L> ^ o 
z z z z z 



rt rj 



3 

OS 



E E S 

•ape. 
- i » 



2^ 
C 

z 

ii 

- ^. 

< £ 

-J := 



■z z 



c SI 






. 



ai. 
U 
Z 



o 
a. 



♦ 







IV", 




"V", 




'V. 








n 






</-, 




'r. 


ri 






yr. 


ri 


(~J 


("■J 








>v-, 


ci 


ai 


iV 


a: 


oi 


a; 


a: 


ai 


ai 


Q£. 


ai 


ac 


a: 


a: 


~: 


^ 


a: 


2[: 


a: 


cc 


a; 


:s: 


a: 


2i 


:%; 


Di 


a:: 






Z 


z 


Z 


z 


z 


z 


Z 


Z 


Z 


Z 


Z 


z 


z 


z 


z 


z 


Z 


■■-1 
Z 


z 


z 


z 


Z 


Z 


z 


z 


o^ 


<^ 


o- 


c 


— 


o^ 


c- 


0-- 


a- 


o- 


c^ 


o- 


3- 


o- 


o- 


o^ 


a- 


3- 


o- 


•:^ 


C7 


0-. 


3^ 


a 


o^ 


o- 


c^ 


n-1 


:j 


l-n 


I"*") 


r-j 


l"^! 


r; 


Z: 


C^l 


Z: 


:::' 


Zi 


::■ 


:r: 


r: 


^' 


2 


:; 


Z: 


Z: 


12 


:!• 


■^ 


Z: 


r^. 


^' 


^' 



OS 
U 



z 



a: 
U 



z z z 



z z z 

-r -T -T 



ai 2i ai ^i ci 
U U O U O 

z z z z z 



ai :i: ai 
U U U 

z z z 



z z 



a; 
o 
z 



z z 



< < 

Z Z 



Z Z Z Z 



— — ^ -c 



zzzzzzzz 



< 



o 


^ 


;_, 


'—^ 


_, 


•^ 


o 


-^ 


o 


;_, 




;^ 


o 


'o 


L/ 






o 


;_, 


L/ 


;_, 


;_, 


-_, 


;_, 


'^ 


•^ 


^ 


^ 


— ' 




< 


< 


< 


< 


< 


< 


< 


< 


<^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 




< 






^J 


o 


*— ' 


o 


I.; 


^ 


^ 


•~J 


^ 


■s_; 


■- J 


■^ 


w* 


^ 


U 


'^ 


-.; 


^ ; 


>.; 


o 


^ 


\J 


o 


s J 


^J 


,J 


^ 


•-^ 


^^ 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 



a 



o 


— 


2 




~ 


■^ 


(-*-! 


r^ 






!= s 

•a c 



U 






Of 



o 



T3 

-a 

Q. 



.ii a. 
j^ a- 

C < 



fO 






z z 

C 3- 



Z Z 



oo 


cc 


cc 


OO 


so 


oc 


X 


cc 


oc 


» 


rl 


(^1 


rj 


ri 


'"I 


r\ 


ri 


r 1 


ri 


ri 






















i::^ 


cr: 


^ 


^ 


£i^ 


i; 


:>; 


Cii 


:ii 


ri:: 


^.^ 


■^ 


w* 


—> 


-J 


^ 


,_; 


■~^ 


^-z 


w^ 


Z 


z 


2 


z 


Z 


z 


2 


2 


2 


Z 


<r, 


1/". 


lA, 


'^. 


"V, 


^r. 


V", 


'/". 


I/". 


U", 



Z 2 



Z 2 



E S 



< 



0. a. 



:? c: — 



O-O-c-c-c-cc-:. 



< < 



< < 



< < 



< 
z 



u 
< 
(J 



D. 


a 

z 

O 
o 



oc 3C 



a; 2i ci 



z z 



— — r-^ r^ 



» 
O 



(^ — — 

a 

z - C-' 



-J<<<<<<<<<<<< 
h-ZZZZZZZZZZZZ 

z------------ 

r-,1 rM (^J rj rj rj ri rj rj ri f^j rj ri 

a 



^^^HHHHHHHI 





n^ 


X 


o- 


u 


o- 


a 


, 


y. 


1^ 




>~ 




ra 


Ui 


^ 


^ 




f- 


Sf 


< 


P 


u 




■^ 


-n 


s 


re 


1^ 


-a 


U 


Cl 



•2 = 



I o c 






K = 



♦ 



a: 
u 






Di Qi ii: ci: 

O O '^j o 



^ 


^o 


'sC 


^ 


O 


^ 


^ 


l"^l 


^' 


r^. 


rn 


(-<-, 


^ 


(^ 



g; 
S^ 






< < 



4 



a: 
z 



oo 


oo 


oo 


oc 










rs 


<-J 


r^l 


rj 










q; 


'V' 


o: 


i; 


's_^ 


;_; 


^ 


^.^ 


^ 


^ 


^ 


^ 



rj 



rj 



CNi (N 



o o o 

yr, w. I/-, I/-; 

:^ Qi a; cri 

O U L^ O 

:z: ^ :z. :2: 

ir, I/-, ly-, i/-i 



< 






Qi a: 2: 

O o 
z z z 

01 ri r^ 



00 


00 


00 


oc 


CO 


cc: 


cr: 


Qi 


ai 


oi 


z 


z 




z 


Z 


Z 


~ 















O O rj r-i r^i 



C^ QL OL OL OL 

u o o o u 
z z z z z 



fN r^i rvi 



Z 



:£: a: 2i a: 






— — r^ r--, 



§ 5 



= _ _ S 



o o 

o 5 

O- c 



— r^J (-N) r^, 



c cy o o- Q Qi Qi 



IV-, — SI,' 



^ 



z 



O 

H 



f- 

z 

O 

< 



2: ^ a: 2; 2: q: a: 

U ^ Lj Lj '^ O ^ 

z z z z z z z 

r^ f^J (N rj (^J nj f-4 



— rvt r-i 



0000 



« 



r c r o p^ rn r^ ^ "^ 



< < 

z z 



< < 
z z 



< 



< 



< 



< 
z 



< 



< < 



0^3 

< oi < 

O H U 

z o z 



< < < < 



z z 



o. 

Q. 






■3 9 



a 

z 

> _ 

< £ 

-J :5 

-< -o 






as 5 



oc oc oo oo oc 



2: 
z 



Z 



\0 vC ^ 



z z 



a: ct: 
z z 



a: 


ai 


K 


Qi 


Di 


Qi 


=c: 


Di 


ai 


z 


z 


z 




z 


z 




z 



Z 




z 



Z 




r-1 




r-1 
rsi 


rsi 


r-t 




fN 


r-1 






o o c c 



c^ c_ c^ 
C- c^ c^ 

< < < 



< < 



c. c:- c C- c 

d. C- c c^ c- 

< < < < < 



c/: t/; c/: c/3 c/: V) c/: 



ir. iT. '^n 



r\ r^\ r\ r\ r\ (~l ri rj rj r-j rj rj rj r-j fN r^j f^. i~^: r*-, r--, r^. r^, i~^. r-^, r^, n-, r*-) 

V, ly, !/■, ly, iy"i i/~. »/". «/", <y, ly. ly, "/". w. i/*, W, r^, r*-| r*"i r*", i-^, r*-, r*-, r*-, r<-, r^, "^ r<-) 

O ^ O U L^ L> O O O O O L/ ^ '— ' 'w- L/ O 'w 'sj '--^ O L/ L> L' 'w' L^ 'o 

zzzzzzzzzzzzzzz zzzzzzzzz zzz 

IT", ly, ly, ly, ly, ty. ly, ly, ly, »y, ly, ly, ly, ly, ly. r<-, r', r^, r^, r*-, "-, r*-, r-*-, r*-, r^, c, r*-, 

r*-, r^, rr. r^, r^, 1-^, r^, r<-, (-^, 1-^, r*-, r^, r'. r<-. o-, ^ rf, r^, r*-, rr, r«-, r^, r*', n", r<-, r<-, r*", r*-i 

_______________u.— — — — — — — — — ___ 

O 
Q 

^OCOCOCOCOCOCOCOCCC 3CSCOC 

<,CC0CCC0CCCOCOCOC3C OCXOO 

o--------- --- 

ffla:ai2:QSa:aiaia:Di oiaiei 

, O -J '.J O ^ '^ ^ '^ '— ' U '.J u 

C/3ZZZZZZZZZ zzz 

J _________ ___ 

^ r I r I rj r i rj c] n r- 1 r j r J r-j r-i 

yr ri ri r\ n r^ i^j r-.j ri yj ri r-j r--t 

n ri ri rj rj r] rj rj r^j r^i y-1 ri ri r4 (N ^ -rj- -f T T "* -^ -^ "T ■^ -r -T T 

Lj '^ U O O O O O '>_/ 's-' o O O U o ^ ^ U Lj 'w- L^ 'w- '— ' O O 000 

zzzzzzzzzzzzzzz°-zzzzzzz2z zzz 

ri ri ri r4 rj r4 ri n r-j r-i rj n rj ri n taJ O" C" O^ C" C O" C' C" 0~ O" O" 3^ 

r\ ri r-i r-i rj ri ri n (^j .-] n rj rj r) r-j fj — — — — — — — — — — — —_ 

rt ri ri ri y] yj i-i r\ yj n rj rj rj rj rj ^^ ri ri n n rg rj n y4 yi n r^ (N 

________________^ _________ ___ 

f- 

-f ir, — y-j r', -+ \C' — yj r*-, -2; — rj ^ ir, C/j 

"y, ir, r-t^r-r^r^ooc: c; — — — — ^ OCOOOOO — C: — — — 

ocooccccoDacccooocccocococococtd — __ — — — — — — — — — 

<<<<<<<<<<<<<<<v <<<<<<<<< <<< 

U U O O O '_> o u o o o u o o o H O O U O O O O O O U O CJ 

zzzzzzzzzzzzzzz-^zzzzzzzzz zzz 

________ __„_^ _______ — ____ 

rj n ri ri r^i y-i r-i n n r-i n n n ri rj ^ ri r-t fN n n n r-i ri n ri r-i (N 



X 


o^ 


u 


o- 


o 


, 


r 












Ui 


■? 


> 


r 


f- 


SP 


< 


p 


^ 


.c 


^ 


T7 


% 


re 


'^ 


-a 


u 


_Cl 



a: c; 



£ e 



22 



s 



« -3 



5? = 



♦ 



< 



v. y. -y. 






z z 



ci q: p: 2i 
O o o o 
z z z z 



z 



r-i r J ri 



1/5 






z z 



z 



z 



a: 
z 



a: ::^ ai ;s: 

O '^ O L^ 

z z z z 



z z 



z z 



si :i: ai Qi 



a: a: 
z z 



U 

z 



c > 



z: _ 



C 






ri 


ri 


^, 


r-) 


ri 


-r 





-r 





r. 


^^ 


^^ 


-f 




— 


ri 


r^, 


r^, 


— 


^, 


— 


-t 


— 


— 


<~1 














vr. 








































^ 


X 


rj 


i^, 


-T 


^r. 


^ 


3 


r- 


r- 


3C 


X 


=r 




— 


— 


n 


f^' 


IT. 


ir, 


^ 


■c 


r- 


»: 


c 




















































_; 


— . 


_, 


_ 


_ 


_ 


— 


_ 


— , 


— . 


_ 


_ 


_ 


_ 


_£; 


_: 








-J 




_1 


_; 


_: 


__; 





_J 


o 


O 


O 


O 


O 


C 


o 


o 


<z> 


O' 


o 


O' 


— 


o 


— 


o 


O 


o 


C 


o 


o 


o 


o 


o 


C' 


o 




;^ 




U 


O 


O 


O 






■s^ 


O 


u 


o 










O 




^ 


^ 


O 




^ 


o 


^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^J 


O 


■^ 


o 


^ 


O 




^ 


O 


o 


'O 


o 


^ 


o 


o 




O 


O 


^J 


«_; 


wl 


o 


w' 


^ 


^ 


^ 


z 


^ 


^ 


^ 


^ 


^ 


Z 


-^ 


-^ 


^ 


^ 


z 


^ 


^ 


^ 


Z 


Z 


^ 


z 


^ 


^ 


^ 


^ 


^. 


z 


z. 


<• 


< 


<■ 


<• 


< 


<■ 


<^ 


< 


< 


<■ 


< 


<■ 


< 


< 


< 


< 


< 


<^ 


<; 


< 


<■ 


<■ 


<• 


< 


< 


<- 


'V, 


IV, 


ly-, 


1/", 


<r. 


!i.' 


ly, 


•r. 


'/". 


ir. 


'/", 


"A, 


KT. 


'y, 


t/". 


KT. 


w, 


'r. 


<r, 


'/", 


1/-. 


!!' 


!!' 


'y. 


■J'. 


li'. 



♦ 



X 


0-. 


u 


o- 


Q 


, 


T 












U 


^ 


> 


3 


< 


o 


-) 


j: 


_j 


-n 


% 


(LI 

cd 


•^ 


-a 


<J 


—1 



O 










"3 

■o 
<u 

o 

Q. 
< 








go 










Text differs 

from 

proposal 














s 

a: 










C 

.si 








a: a- 


¥ .2 



UOOOOODOUU 
2ZZ2ZZZ2ZZ 



00 ^ 




r^ 


Di ai 


a: 


a: 


z z 


z 


z 


r^ sO 


o 


^ 



r<-, r<-i r*-) 



C C C 



< < 



^^ ^ ^ ^ 



cl cl :i, c q- 
c. c x: CL c 
< < C < < 



Cl 
< 



c/: c/: c/3 oo c/} uO 



iT) !jri ^ 



CC 



^ 



>o ^ ^ 

r*-i r^~i r^i 



ri <-) 



r^ 



^ 



ra rj r^ 



f-*"! 



o 



sD 



ZZuJLUWUJLiJUJLiJLUUP-lZZZZZZZZZZZZZ zzz 

r^r-j d.o.a.D-CLD.CLCCLCLTr-r-rTr'^^-^-^-t'^-f-t'T -r-rr-f 

r^-; r^i 1> ^J tU U OJ dJ O t> U U rfj r^] n-j r^, r^-j rr-' r^, f—, n", i-^, r^i ro r^, r^ r*-) m 

— — f-r-HHr-i— H^H^^ — — — — — — — — — — — — — — — 

CC oc 0-- o- O"- 'y-- O' O"- C"- o- o- <>■ — ' — — — — — — — — — — — — — — — 

n n r^i r^i r^i r*-, rr-, r<-t rr-, r^^ rr-i r'-, — . — — — — — — — — — — — — — — — 

fJ'i '-T, -rf -rt ■^ t T "^ "^ •-}- -t -T '/'■ "Z". V. '■'"' W' "". "^' ""i ""' "■■ '^' '^- ""' *^' ""' ""' 

'■sj O O U O U U U O '^ O O U O O '-J U O U 's_J U '—J o o u ^ u o 

zzzzzzzzzzzzzzzzzzzzzzzzz zzz 

r', r--, _- — i _ — — _ — — _ — r\ r-i r\ r-[ r-\ rx r-A r~A rj rt i-i r\ r-x r-x r-\ r\ 



■^ 



^ >o 



sD 



b: 


o: 


b: 


oi 


a: 


■o 


■-) 


o 


■^ 


o 


z 


z 


z 


z 


z 



ci: 



a; a: 
o u o 
zzz 



a: a: 
z 



a: 
z 



z 



^ ^'' o c^ c; 



2 S 



(^ ^ — 



z z 



z z 



z z 






I J 


1 ; 


; ) 


i J 


o 


o 


'O 


o 


'^ 


<J 


o 


■o 


o 


■—^ 


■o 


'^ 


o 


o 


u 


■^ 


o 


^ 


'^ 


o 


■^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


o 


Cj 


o 


i J 


v; 


^ J 


■O 


^ 


^ 


'~J 


vJ 


>. J 


^ J 


u 


o 


IJ 


^J 


^J 


o 


'^ 


^ 


o 


o 


o 


o 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


<■ 


<■ 


< 


< 


< 


< 


< 


<< 


■e^ 


<^ 


<■ 


<■ 


<■ 


< 


<■ 


<^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


w, 


1/-, 


>/-. 


«/-, 


>r, 


ly, 


1V-. 


ly", 


T, 


W, 


U-, 


IV-. 


IV-, 


IV-, 


IV-, 


iv, 


ir. 


IV-, 


IV-, 


IV-. 


IV-, 


IV-, 


IV-, 







< 



I^SB 



OS 



£(3 



SCO 

•a c o. 



u 2: 



- ^. 

< 2 



s 
z 



■■1= f- 
z 



lU 



s 

a ■? 



¥.S 






♦ 



Z 


o 
z 


a: 
z 


z z 


O 

z 


2i Di 

z z 


a; or: 
z z 


a: 
o 
z 


z 


o 
z 


a: 
o 
z 


o 
z 


^ 


vC 


o 


r~ -sO 


vC 


1^ ^o 


I^ ^ 


^ 


^ 


^ 


^ 


^ 



z z z 



z z z 









CO oc oc oo OO CO 
0^ O^ O^ C"' CTn 0^ 



O^ O^ O^' r^ O^ ^ O^ 1"^ O^ O^ I — ^ 



0\ qn 0^ r- 



C ^ Cl C- 

< O < < 



C -X., CL Cl .ii C C» C C:- 

< c<< c<< < < 



C C- C- c_ 
C C Ci. c- 

< < < < 



< < < < 



00 



y; c/: en 



c/:: !in 00 v^ y^ v: 



00 OO OC OG OO 00 



^o 


MS 


vC 










o 


^ 
<-*". 


^o 


^ 


00 


CO 

1/-, 


oc 


00 
"A. 


ct: 


Qi 


Di 


Oi 


cc: 


Di 


Di 


a; 


Qi 


a: 


a: 


a: 


Di 


ai 


a; 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 



~: ai :c; ai 






a: a: a: ci: 

O o O Uj 

z z z z 

sC sC -c -o 



ai Qi ai ai a: 
O O O o '-_> 

z z z z z 



a; a; 



sC -c -c -c 



z z 



a: 
o 
z 



a; ai 

z z 



z z 



^ a: ai 
o o u 
z z z 



o "3 

ac E. 



(-] rj 






rj r] ri 



C^ 


q; 


:ii 


/-y^ 


c^: 


Ct 


a; 


^ 


■^ 


■^ 


'^ 


wl 


o 


wl 


Z 


Z 


Z 


z 


z 


Z 


Z 


oc 


oo 


OO 


oc 


oc 


oc 


or. 


o 


O' 






o 


c 


o 


CJ 


ri 


r-j 


<-i 


ri 


r J 


ri 




rj 




-T 


*/", 


sC 














C~.' 










^C 


nC 


^ 


r~~ 


-_ 


:^ 


O 








o 



a: 
z 



OL 


a:: 


a^ 


O 


U 


O 


z 


z 


z 



z z 



OO OO OO oc OO 00 









Z Z 



ai 
Z 



o o o o 



o o o 



Z C 



O C O E 



< 


< 


< 


< 


'7L 


z 


z 


z 


< 


< 


< 


< 



z 
< 



z 

< 



< 



< 



o o o ^ 



< < < 



< 


< 


< 


< 


< 


< 


< 


< 


< 


z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 



O w' o — 



< < 



? z 



Q. 

a. 

< 






S E 



Q 
Z 

U 
> 

< £ 

-J ■£ 



3 



b I 
Z 



at, »! 
•If 

CO "3 

E t 

a: a. 






a- ^ 
a: Di 



0^ _ 

o o 



^ n. 

O < 



< 



ji ■^. \r. ir^ j^. 



^ 
O 



o 


^ 






OC 


On 


rj 




— 


— 


O! 


Di 




c^ 


C£ 


U 


;_^ 




■~j 


w' 


z 


Z 




Z 


Z 


H. 


_ 




r»-. 


— 


— 


o 


< 


— 


rj 












— 


— 


Z 


— 





O O O' 





Di 


OL 


Di 


Qi 


a: 


oi 


U) 


U 


u 


■~J 


O 


>J 


o 


^ 


/L 


^ 


^ 


^ 


^ 


^ 


.^ 






•^ 




M- 


rr-, 


^ 






^ 




^; 


^ 






CC 3C "-, 



1-^, OC O^ 



DC 








3C 




3C 


OC 




t> 




:>: 


:^ 


cii 


:r: 


==: 


~: 


s: 


:r: 


a; 


a: 


a: 


Z 


Z 


z 


z 


2 


z 


z 


2 


2 


2 


2 



2 2 



C^ 


ai 


C£. 


C^ 


2:: 


ai 


ai 


ai 


a; 


z 


z 


Z 


Z 


z 


z 


z 


z 


z 


— 


■7-, 


— 


c 


ly. 


T. 


■/-. 


</-. 


ir, 


r J 


■^ 


rg 


— 


— 


~ 


■ 


o 


^. 


r 1 


— 


<~i 


f"i 


«-, 


r^, 


r*-, 


r^, 


r', 



— o o 



GC — — 



z: X 



— X 



O' O O O O' O O O O O O O O O C:' O O' 



< < < < 



< 


< 


< 


< 


< 


'O 


O 


's_> 


■^ 


^J 


2 


2 


2 


"7 


2 


< 


< 


< 


<; 


<^ 



2 2 



< 


< 


< 


< 


< 


< 


< 


< 


2 


2 


2 


2 


2 


2 


Z 


z 


< 


< 


< 


< 


<; 


< 


< 


<^ 



2 2 



NiiiHIiHiiliMMiiii^i 



o. 






c 

> _ 

< £ 

— ' -o 






?.i 



OS 

Z 



a: :i: 
z z 



< < 



o 



♦ 



o o o 



>y-. — — 



oi a: Si pi a: 

^ '— ' ^ '— ' '^ 

Z Z 2 Z Z 

^C sC sC ^ -c 



a: 
o 

z 

o 



ai 
Z 



-sD sD -O 






rn rn rn 



— sC: -^ 



— — rj 



^ ;r. 01 



irn: 


CSL 


dL 


::ii 




c£. 


CiC 


Si 


CC 


a: 


a: 


Qi 


£::; 


:i: 


dL 


Di 


CiC 


OC 


ci; 


Di 


q; 


_/ 


■O 


^ 


o 




^-^ 


^ 


^ 


■^ 


o 


^^ 


^^ 


o 


w- 


^ 


O 


^ 


■^ 


:^ 


^ 


^ 


^ 


^ 


^ 


/L 




Z 


Z 


^ 


Z 


z 


^ 


^ 


^ 


^ 


/^ 


Z 


4L 


Z 


^ 


^ 


z 


i^, 


'>", 


vr, 


T 




-t 


_ 


— 





— 


__ 


__ 


— 


, 


^^ 


-r 


-I- 


-r 


-T 


(-J 


r\ 


_ 


w 


o 


r) 




rj 


n 


rj 


(^j 


ri 


ri 


ri 


n 


(-1 


r-i 


n 


o 




O 


o 


O 


_' 


! 


_' 


-- 




r-\ 


rj 


n 


rj 


ri 


ri 


r 1 


n 


l"J 


ri 


ri 


__l 


r*-) 


; 


1 


2 


ri 




1*-, 

ri 


rj 


2 




rj 


o 
o 


O 


O 
ri 




O 


-TT 


^T 




o 


■^ 


— 


o 


tr, 


^4 


— 


— 


— 





_ 


_ 


1^ 


u 


_; 


^ 






_j 






^ 


>^ 


? 


> 


:- 


r; 


r- 


r^ 


r~~ 


r^ 


r-~ 


r- 




r- 








r^ 


r^ 


r~- 
















— ■ 


o 


O 


o 


O 


O' 


O 


o 








o 


o 


o 


O' 


o 










o 


— ' 


^ 


— ' 


O 


O 


■^ 


s_^ 


^ 


O 


^_; 


^-/ 


;_^ 


o 


^ 




■u 


■■^ 


-— ' 


■■^ 


^ 


■^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


-^ 


w- 


^J 


^J 


■—I 


-J 


-J 


v; 


^ 


-w* 


^ J 


>- J 


■- J 


O 


\J 


\ J 


\) 


o 


S J 


v ; 


^ 


^ 


^ 


Z. 


Z 


Z 


z 


^ 


Z 


^ 


;^ 


^ 


^ 


^ 


^ 


z 


^ 


Z 


^ 


z 


z 


<- 


<■ 


<■ 


< 


<f 


<■ 


<■ 


< 


< 


<■ 


< 


< 


< 


<■ 


< 


<• 


< 


< 


<" 


< 


<■ 


'/■, 


'V, 


'V-, 


■-r. 


ir, 


>y. 


ir, 


ir. 


\r. 


U-, 


«r. 


<v, 


"V, 


'r. 


'/-, 


V, 


yr, 


w, 


"/*, 


V-. 


'i'. 



-1- r^-1 O — — — 

■— oo -JT rj oc r-i 

<-<-, — — ^ — ^c 

:^ cc cC QC :£. Z3L 

U '_; L^ w O o 

2 21 z z z :z 

-T -^ O^ so -rf 3C 

rs o — o rj o 



— — rj 



♦ 



^ < < < < < < 

;/: O O U ^ L J 'w- 

u: Z Z 2 Z Z Z 






Q. 

a 






Sec. 



fed 2: 

z ^ 

> _ 

- ^ 



« Si 

;« — 



.2 o 



CO •= 



z 



oi ci q:: a: 

o o o o 



•/". "/*, ly, 

^c ^ ^ 

rsj r^ (^] 

a: o; o: 

o o u 

2 Z 2 



m f^ r^ 



z 



oo oc oo 



c < 



UJ 



< < 



UJ 
V5 



a; 
z 



o^ 


r^i 


oo — 


c^ 


q; 


oi a: 


'o 


o 


o o 



rj — 



^ sD ^ 






3C C: 1^ 



(~ J O O 



2 z z z 



o o o o 



2 Z 



a; pi a: 
O ^ O 
2 Z 2 



a: 2i 

Z 2 






r^ r*-i CO 

r^ ^ ^ 

a: a: Di 



o — f^l 



OC 
00 




O^ 




ri 


oc 




qC 


q:: 


a; 


a: 


cn 


ai 


2i 


^ 
Z 




z 


z 


Z 


Z 


z 




rj 


%■ 


;:1_ 


oc 




ri 


— 


— 


- 


::: 


E 


— 


~ 



oc — — — 
X — — — 






oi 


£>:: 


q; 


o 


o 


o 


2 


2 


2 



2 2 Z 



pi 
2 



ai 2: oi 
'^ "^ O 
2 Z 2 



Oi 0; 0; Q/ Q/ Cli 

^ '^ '_^ '^ '-_> O 

Z Z Z 2 2 2 



E 



CO 
r) 




CD 








aa 








< 


< 


< 


< 


< 


< 


< 


< 


z 


2 


2 


2 


2 


z 


z 


z 


< 

IT-, 


< 


< 


< 


< 


< 


< 


< 



■C: :3 c: O C; O 



r*-, -r sC sD 
0000 
r^i r<l r^ m 



Q2CDCQCQCQ CQCCCQCQCDCQCC 



CC CQ CC C C2 




< 



< 


< 


< 


< 


< 


< 


< 


< 



< 



< 


< 


z 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


<; 


< 


< 


<^ 


<^ 


< 


<^ 


< 


<; 


< 


< 


< 



< < < < 

O o o o 

2 Z 2 2 

< < < < 



HHHHHHI 



X 




u 


o- 


Q 


, 


T 










ca 


U 


^ 


> 


<- 


H 


3 



U 



Q. 






•3 C C 



0^ 






■q 



f 



oi 


CC 


u 


IJ 


:^ 


^ 


VO 


\o 



ex: cc 









oo cc oo oo 

O O-' !3^ O^ 
0^ r^ C "v". 






CI. C C- C- 

c_ c- c- c- 

< < < < 



C^ 0^ Ov 0^ 



a: 



C- C- c- c 
C Cl C- C- 

< < < < 



< < 



CL C- 

< < 






« 



a: 



t^ 


I^ 


I^ 


a- 


r-j 


rg 


rj 




Di 


Qi 


~; 


a: 


U 


u 


O 


o 


^ 


-=i 


Z 


z 



r] 



rj 



Qi a: 
z z 

o o 



Z 



oo ri oc 

cr: o: a: 

'~j '^ '^ 

:zL :zL :^ 






z z z z 



z z z z 





z 


z 


t 


0^ 


"Z". 



^ -Z 'Z- 






— — 3C 






o o c: 



C3C2 — CC '^^^ f^'^'^^OOO:'^^^^ 



o o o 



r--! rj r-j r-j ri rj rj 



/-> Q ^ ^ ^ Q 



rj ^ -T -r O c: 
IV-. ir, IV", I/", ^ >c 



« 



'O 


O 


■^ 


■o 


O 


o 


o 


■o 


o 


o 


O 


■O 


O 


o 


o 


o 


o 


i-J 


o 




o 




o 


■o 


^ 


■^ 




^ 


^^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 




o 


'O 


'^ 


L.* 


O 


w) 


wi 


--; 


O 


^ 


O 


s J 


\^ 


o 


o 


■^ 


■o 


O 


^ 


o 


u 


^-v 


o 


o 


o 


O 


o 


^ 


^ 


/L 


z 


z 


z 


z 


z 


z 


Z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


< 


< 


< 


< 


<■ 


< 


< 


< 


< 


< 


< 


< 


<• 


< 


<■ 


<• 


<■ 


<■ 


< 


<■ 


< 


< 


< 


<■ 


< 


<" 


< 


<; 


^ 


i/~. 


I/", 


'/". 


>y", 


;i: 


!i: 


ir, 


i/"i 


'Li 


'.!.' 


<y". 


"V", 


IV". 


"_ 


'/". 


'y, 


ly. 


w. 


"v". 


"— 


</". 


»/". 


H' 


11: 


ly. 


"_ 


>r, 


./-, 





S= •=: 



See 
•age. 
5 <— t 

i- 



a 

z 

> _ 

< £ 

J ■£ 

3 -o 






^a. 



^1 









z 



a: 
z 



z 



C; .C ^ 



oc oo oc 



5 
s 



< < < < < 






cc oc OC' oc 

cr o^ cr cr. 

oi oi pi pr 

O ^ L/ C^ 

z z z z 



a:: 

z 



si 

z 



z 



oi 
o 
z 






rj f^i r^ '^1 '"t ri — rj — n — 

O O O '—^ '— ' L > O ^ '-^ '^ '^ 

zzzzzzzzzzz 



z z z 



X o sC oc 
— o r^ c: 
-*•. rj :j- -r 



z z 



aiaiaiaiaiaiaiaiaiC!: 



z z z 

oc "y, cr 



z z 



z z 

C cr 



^ sD \D ^O ^O -C 



O ^ vC 



-r -r '^. ""i -C rj ^. r^, 3- rj r- cc 0- O 



Q 


r> 


r^ 


a 


o 


n 


r^ 


(-> 


^ 


'-' 


r^ 


/-> 


r^ 


'-^ 


^ 


r^; 


n 


r^ 


--> 


r>. 


r\ 


ry 


^^ 


^ 


r^ 


o 


/— ■ 


'-> 


'^ 
















rj 










r\ 






















r-i 


rJ 


n 


rj 


ri 


rj 


o 


o 


O 


o 


o 


O 




o 


o 


o 


o 


O 


O' 


O 




C' 


o 


o 


O 




O 


O 


o- 


o 


o 


c 


— ' 


■— ■ 


— 


O 


O 


U 


Cj 


(.J 


Cj 


O 


O 


o 


'~J 


^ 


w* 


■;_^ 


^ 


^ 


o 


■s; 


o 


O 


'^ 


'>; 


s; 


U 


O 


U 


U 


^ 


■•~> 


^^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


'^ 


O 




u 


o 


w 


^ 


■o 












■^J 


^J 


o 


o 


o 


o 


<J 


O 


o 


^ 


^ 


u 


^; 


O 


•>J 


^^ 


^ 


^ 


^ 


z 


z 


:^ 


^ 


^ 


z 


z 


■^ 


z 


Z 


z 


z 


z 


^ 


^ 


^ 


Z 


^ 


^ 


^ 


-^ 


Z 


Z 


^1 


^ 


-d 


<- 


<-■ 


<• 


<• 


*^ 


<r 


< 


<; 


^ 


< 


<" 


< 


< 


<■ 


<■ 


<■ 


< 


<r 


*-- 


<;^ 


< 


<^ 


<; 


<- 


< 


< 


<!:^ 


<^ 


< 


'y-, 


■y-. 


T, 


■ r. 


'/", 


— 


I/", 


li: 


!i: 


KT. 


'r. 


"T. 


■y- 


ly, 


ir, 


V. 


"A. 


"Z". 


'/', 


l-T. 


ir, 


</■- 


'/". 


'/", 


1-/", 


1/-, 


ir, 


•r. 


ir, 



■a 



a. 
a. 

< 



= C 



& re 












> _ 

< S 















a: 
u 
z 



2i 



r^, r^, r^, r^, 



0^ C^ !J^ C^ 



O. 
< 



C~ C~ C:- 
< < < 






O 3C o 



U 

Z 



2i ~: 
z z 









Z 



:2: oi a; 
^ '^ O 
z z z 



z z 



a: oi q; 
z z z 



z z 



z z z 



p; a: a; a: 2: 
L^ L/ L^ L' '— ^ 

z z z z z 



2i :i: 
z z 



sC '/". -c »c .c sC 



coo 



o- o — 

T '^. 'z"; 

■3- O d; 






o- c — 






000 



I 



< < < 



< < 



Z 
< 



< < 



Z 

< 



~J 




■0 





■0 








■0 


< 


< 


< 


< 


< 


< 


< 


< 








^ 


J 





U' 








z 


Z 


z 


z 


z 


z 


z 


z 


<; 


<^ 


< 


< 


< 


<^ 


< 


< 



< < < < < 

o '-^ o o 





^ 





^J 


< 


< 


< 


< 


w* 





u 


~J 


z 


z 


z 


Z 


< 


< 


<; 


< 



Q 

z 

>^ 

< e 

J ■£ 



5 










■3 
OS 
■a 

1 

0. 
0. 
< 






> i 

ft: u 




Text differs 

from 

proposal 


a 

J; 











Z 




OX "^ 

II 


1 = 
f'% 



CC 


cr: a: 


q:: 








^J 


^ 


2 z 


^ 






a: 

o 



z 



ro r*^ r^ 







oc 


-^ 


O-- O-' Cr 


rr 











a. i^ a 


a 



00 00 00 00 00 



S^ 



> ^ > > > 

C. 2., c. C- C- 

Cl -C C^ CL c^ 

< o < < < 






< < < < < 



< < < < < 






o c:i o o 



rj r4 

z z 

o o 






Z 

r'l r*-) rri 
O 'O o 







Z 


z 



z 


Z 


Z 


d 


J^:^ 


^ 







:2 


:i: 


:::■ 


r^ 


- 



IT, 




CO 


ir, 


oc 




00 






Cii 


cs: 


Qi 


a; 


ce: 


ai 


Qi 


Crl 






Z 





z 



z 




z 


z 


30 


f~i 


oc 


(^1 


oc 




oc 


oc 


_J 


_- 


_J 


i-^j 


' 


' 


^' 


_J 



00 


00 


00 

-1- 


1-^ 




oc 


DC' 


00 


30 


OC' 




r-i 



z 


a: 

z 


Z 


Z 


z 


z 


Z 


a: 
u 
z 


z 


z 


a: 
z 


z 





^ 


sC 


oc 


l/-. 


r-1 














r4 


^' 


ni 


ri 


1^1 





~ 


ri 


rj 


rj 


rj 


rj 


r-t 


!I2 


§ 


OG 





-^ 


^ 


5 


ri 



d 


1- 


^ 









00 — — 



— 


a 


— 


— 


— 


. — 


— 


00 


r^j 


— 


c^ 


a; 


cii 


a: 


C^ 


C^ 


q:: 


■ 


QC 


a; 


Z 


z 


—1 

z 


z 


Z 


Z 


z 


z 


z 


■0 

z 


>,c 


n 


sC 


r-j 


oj 


r4 





-:r 





*^j 


r^, 


rj 


_J 


ri 


r-i 


n 


ri 


r^, 


~ 



— rj 



O' O' o 



(^) rj r-l 



Q Q Q G Q Q Q 



< < 

z z 

< < 



o U o 



z 
< 



Q 




Q 



Q 






O' 


Q 



Q 










[2) 


Q 









Q 




D 



Q 




Q 



Q 




a 




□ 



Q 



< 






< 


< 



< 


< 


< 


< 


< 


< 



< 


< 



< 



< 



< 



< 


< 


< 


< 



< 


z 



z 


z 



2 



2 



2 


2 


z 


z 


Z 




z 


2 


2 


Z 




z 


z 



2 




2 


2 



Z 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<^ 


< 


< 


< 



</". »y". 





n- 


X 


a 


u 


o- 


o 


, 


T 


I-- 




^ 




ra 


Ui 


^ 


> 




f- 


D/j 


< 




^ 




■-^ 


-n 


IS 


u 


L; 


T3 


U 


c 



U 




^ 




o 


b 






as 


■a 






o 




a. 


a. 


< 




•fi ^ 




















u 


isi 


■a o c 


- i c 




oj a. 


H 












n 


'J-. 


C 


S 








w 














a£ 




a 


s: 




















iL/ 




-f^ 




« 4; 


5.* "S: 




1^- 


w. 






.a s 






2 




k. 


« 


U S.J 




=■5 


V 




d v^ 


C Dl 






ec -O 


£ i; 


U Q 


3 J- 


^a- 






3 - 


?.2 






c .t: 


S;^ 


V 



Z 






♦ 






z 






z z 



r- r- r- r- r~- r- r- r-- r- r- r- oc '^. r i yr, rj r j r j f-j r-j n i ri rj ir, u-, n i- ) r- 1 

— — -^ — — — — — — .^ ^ ^ r- \ yf. r^-, -^ — — ~— — -^ — — r'l r*-, ~— — — 

'■^ O '^ O O ^ '—/ '-_> ^ O O O O L/ O '-u L/ '-^ '^ '— ' '— ^ O 'w- ^ '--^ '— ' L^ '—^ 

'z^^'z.^z.'z^^z^:^i:^L^:z-^z.-z.:z. zzzzzzzz zzzzzz 

O O O C O C: ~ O O O O' O OO n — r ac "". "v. ""- '^. '/". '/". I*". C: -t '^. "v. 'y . 

rjni n r-x ri ri r-i rj r\ n f~j r-i — O' O O ' — — — — — — — rj O — — — 

r', r*-, r^, r^, r^, I-', r^, r^, r*-, r^, r^, r J ~ f~ 4 r^-, rr. — — — — — — — O r*", — — — 

r 1 "", »c r~- ^ n !/■, -^ r 1 r^. —r "^ — — S " CJ !!i]^' IIT 'il' -^ ""• '~i '"^ 

— — — — r*! ri rTj ir, iT". '7", Tr. ^ -^ ^ 5S 3C ri ri ri ri ~ — ~, ~, 

ujll:ujuj:^:_l_l^_:_;^:uz:3:z: ~~ = ~3:z:^ _j^__;ZZ:^ 

(N rs| rs fN ri ri r-4 r-j rj rt ri ri ri rj r-\ r\ ri ri rj n r\ r\ r\ r\ r-i ri n rj 

OOOOOOOOOCC^OOO OO'OOOOO OOOOOO'O 

<<<<<<<<<<<<<< <<<<<<< <<<<<<< 

O U O U O '-^ '^ 'O 'wJ Lj O L^ O L> '^ L; '^ O '^ O 'w^ 'w* O '^ '^ o o o 

zzzzzzzzzzzzzz zzzzzzz zzzzzzz 

<<<<<<<<<^<<<<< <<<<<<< <<<<<<< 



♦ 



I*'. 



'r, 



<v, 





n^ 


X 


o^ 


u 


o^ 


c 


, 


7 


r- 








ra 


u 


^ 


^ 




f- 


3XJ 
3 


< 


o 


u 


j: 


^ 


TJ 


% 


i 


^ 


-a 


u 





■ape 



II 

il 

i S 



¥.= 



\0 ^ \o 



rvl (N (N 



7. 



z 



o ^ 'O o 



a: 


a: 


oi 


o 


o 


o 


z 


z 


z 



U 



OS 



00 00 f» 
O^ OS 0\ 
O O^ OS 



o. 

< 



< < 



< < < 






u 
2 



OC 


ci 


:v; 


^ 


ai 


2i 


q: 


a: 


Qi 


o 


^ 


'^ 




■o 


^ 


o 


\j 


o* 


z 


z 


Z 


z 


Z 


z 


z 


Z 


z 



O 
Z 



fN r4 — — 

Qi oi Oi K 

U O O O 

z z z z 



u 
z 






a: 


Di 


C[i 


Qi 


ai 


ce: 


u 


o 


^ 


^ 


o 


o 


z 


z 


z 


z 


Z 


z 



o- 


a- 


o- 


OS 


oo 


T 


^ 


(~4 


oo 


^ 


rr 


1V-, 


ly. 


rl 


ri 


ri 


rr 








^ 


^ 


rsj 


rN 


sO 


^ 


■^ 


o- 


^*~r 


^^ 


— 






— 


a: 


a: 


Di 


a^ 


a: 


ac 


ct: 


a: 


Di 


a: 


a: 


a: 


Qi 


a: 


Qi 


Of: 


a: 


^ ^ 




o 


o 


o 


O 


o 


o 


^ 


Cj 


^ 


■~J 


■J 


o 


^ 


sJ 


^ 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 



r-i rj r-j r-i r-i 



a a 



QO'C'O'C'O'C'C'O 



Cj 


c; 


o 


o 


^,J 


< 


< 


< 


< 


< 


u 


w 


^ 


■'.J 


o 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 



o -^ o 

z z z 

< < < 



-> 


-r 


"y". 


_ 


rj 


00 


^ 


o 








o 


O 


C' 




o 












IT, 


«/-i 


r^ 


O' 


o 


O' 






O' 


o- 


o 


rv 


o 


a 


o 


a 


a 


o 


a 


r-j 


ri 


(N 


rs] 


rsi 


rsl 


r^ 


f~-i 


O 


o 


O 


o 


o 


o 


en 


o 


O 


C; 


C J 


iJ 


O 


O 


S.J 


U 


< 


< 


< 


< 


< 


< 


< 


< 


■s; 


O 


^J 


o 


-J 




o 


^j 


z. 


z 


z 


Z 


z 


z 


z 


z 


< 


< 


<; 


< 


< 


< 


<^ 


< 



z 

< 



< 


< 


< 


< 


< 


< 


V ; 


o 


^ 


'-.J 


'^ 


^ 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 



H 



OS 
■a 









C3- 



X 
Q 

> 






■lT z'- 









rj rj (N (N 



OS 



as 



a: 
O 



V"> V-, 



O^ 0^ o^ — . 



Cl -ii., Cl 



C C 



< < < < 



90 



. 



; * 



<r^ 


O 


O 


— 


, — 


"T-i 




O 


■T) 






w". 


o 


O 


O 


r-j 


r^i 




fN 


fN 


(N 


r-i 


r^i 


— 


ai 


o: 


Qi 


2i 


Qi 


Di 


■■^ 


o 


O 


L> 


O 


u 


^ 


z 


Z 


^. 


^ 


:z 


r-\ 


ri 


rj 


-1- 


-1- 


r^i 


f"\ 


r-I 


f-1 


ri 


ri 


— 


r-\ 


r 1 


ri 


ri 


n 


~ 



2 



a! 
U 
Z 
o 



a: a: 
z z 

^1 m 



a 

u 



IT". 

1-^ 


I/". 




s 

"/") 


Gi 


Qi 


u 


c^ 




z 


z 


z 



— o — o 



— o 


— oc rj 
r- 3c n 

— — rj 


fN -^ 
r^ — 


ai a: 


a: 2i a: 


a: c^ 


z z 


Lj U O 

z z z 


z z 


— rg 


oc — ^ 
— rg r-^ 





r-j rj r^ 



z z 



z 



c^ C^ 

o o 

z z 

■o o 



CC CC CC ^ CiL 

O O '.^ '^ '^ 

z z z z z 



a: 


q: 


a: 


oi 


o 


o 


o 


^^ 


z 


z 


z 


z 



'^' o '"^ *^' *"' *^^ 



^ ':!. r\ 






r\ O 



vC >C CC 



♦ 



iC :^. w < 



< CC CC CC CC CC 



< 


< 


■J-. 


< 


< 


< 


< 


< 


< 


z 


2 


2 


Z 


z 


2 


2 


2 


< 


<■ 


f 


< 
1/", 






< 


< 


< 



2 
< 



2 
< 



< 
2 



< < 



2 
< 



< < 



o 


o 


o 


o 


o 


< 


< 


< 


< 


< 


o 


o 


u 


^ 


^^ 


2 


2 


z 


2 


2 


< 


< 


<^ 


<^ 


< 



I 






< 2 



■a 






F,^ 



Ess 

■a o c 



= ' 
Z 



c a: 



a: = 



z z z z z 



-^ ^ 2i 2: ai 

z z z z z 



z z 



z z z z 

I^ ^ -T T 



i^ oe i^ ac 3C 

CT- ^ O; ^ 5. 

oc I?* cc l?i rg 

ri ^ rj ^ O 



OC OC OC 



r-i 3- (^A n rA r-l fN 



<<c<<<<<<<c<<< 



< < 



< < 






a: 



a: 



^ — — — — — — — ^ — — — __ — — — ■^ m r^ r^ 

W. ir, r*-, rv, rv, r'-, r^, r^, r^, r^, r^, r^, r*-, r*-, r^, M-, r^, tf~, rA rj (N 

L> O ^ '^ '.^ '^^ '.^ ^ O O O '— J -^ ^ '^ '^ '«^ O U U '^ 

z z zzzzzz zzzzzzz zz zzzz 



U-, sO OC' 

r^i ^o r^ 
— ly-j ^ 



a: o: a: 

o u u 

z z z 

•y- o 3- 



a: 
z 



a: 
z 






a: q: 

z z 



z z 



Z Z 



^30 



00 00 oc 



< < < < 



ir', w. ^ ^ 
ri rj r] ri 

< < < < 



u 


Cj 


^ 


; J 





'^ 


< 


< 


< 


< 


< 


< 











■^j 


^^ 


-^ 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 



< 

z 
< 



< < < < 

o o o ^ 

zzzz 

< < < < 



< < < < 



z 
< 



z 
< 



z 
< 



< < 



< < < 

u o o 

z z z 

< < < 



ra^^^^^^i^^^H 



C 

z 

> 

< £ 

J -E 
—' ^ 






u 


^ 


f 








^ 


s 


OS 


■a 




» 


o 




a, 


a. 


< 




■s » 


> E 








•4- 




U _ 


SCO 


■a o c. 


- i o 




u a. 


i- 






















S 








« 














Q£ 




Cf 


s 




















i^ 




--■ 






S^ c 


i z 




C 


1* t! 


^H 


z 




k, 








H 


a.> 




01 iK 


c et 






n "-5 


E S 


I g 


= >- 


i:i 0- 


S^ 




l.i 


>* •- 




C .t^ 


S)^ 


< 



2 2 



a: q: c^ ai 
o O O U 
2 Z 2 2 



3C OO OC 



rj — — 
O — f^J 



(N 0^ rsj fN 



o c < 



c < 



< < 



.=.,0.0. c o. 

x^ o. o. o. o. 

c < < < < 



U 

Z 



--v- 


^ 


0:; 


/•^ 


a: 


Qi 


Di 


Qi 


2 






o 
z 




z 


Z 


z 


rj 


ri 


r-i 


o 


rsi 


o 


O 


o 



ai 
2 



U 

z 



2 



o 



u 

z 

On 



a: oi Di oi 
L^ O L; L; 
2 2 2 2 



cioiaiciiQiciiaiaioi 



2 2 2 

^C sC ^c 



222222222222 



a: 

2 



a: 
o 

2 



2 



O O O O' o 



C: — rj 






rj <*j f^j 



<<<<<<<<< 



< < < 



< < < 

OC 00 oo 



< < < < 



2 

< 



< 

2 

< 



Z 
< 



< < < 

u u u 

2 Z Z 

< < < 



z 
< 



- ^ 


u 


U 


< 


< 


< 


o 


o 


-I 


2 


2 


2 


< 


<• 


< 


"y-. 


</-. 


"/", 



o 



I 



X 




u 


o 


Q 


, 


z 


1^ 




"^ 


u 


s 






< £ 

•^ -a 

(J -^ 



s2 = 



!= E S 
•oca 






01 X 

El* 



a 1- 



z z z z 



— r~ 










oc 








cc: :^ 


Di 


ai 


a; 


cx: 


cr: 


cs: 


dL 


^ 




z 


Z 


z 


z 


z 


z 


Z 


Z 


o a 


2 


H 


5; 


5; 


^ 


2 


o 


ON 

o 


r^ r-, 


::: 


— 


Z: 


— 


r<-i 


r^ 


•^ 


r^ 



C OC 00 


OC 


oo 


J ri ri 


rj 


rg' 


■- OC r- 


OC 


r- 



O O O O' o 



OC 00 OC 



r- OC r- 



OC 00 00 OC oo 

O* O' O" o^ o^ 



x: c- c- 
C < < 



0<G<< < C<< 



< C < C < < < 



fO 



ir. m in 



c/: c/: c/: 



2 



2i 


•^ 


Di 


'V 


a: 


ai 


ni 


^ 


a: 


a: 


OL 


1^ 


^ 


'^ 


^ 


;_^ 


o 


^ 


^ 


u 


^ 


o 


^ 


z 


Z 


z 


z 


Z 


Z 


z 


z 


z 


z 



z 



z 



ai a: 2i 2: 



z 



a; 
z 



a: 
z 



21: a: a: 



a: ai 



ai ac 



z z 



a: 
z 



a: 
z 



z z z 



ai 
z 



a: a: 

z z 






o 2 



a: E 



— rl 



;£ r; O" 



00 00 00 — 



o o o 



0000 



Z 
< 



< < < 

o '^ L^ 

z z z 

< < < 



z 
< 



< < < 

2 Z Z 



00^ 



< < < < 

z z 

< < 



z 
< 



BIB 



n 



3 

as 



oi 


a: 


a: 


u 


o 


o 


z 


z 


z 


■o 


^ 


vo 









<N 


^ so 


z 


z z 


^ 


sO 'O 






■a c a 






0\ O^ 0^ 









at: 

a: 



o 



-a 



< < < 



. 



e 



S 3 -c >c 
(^ i^ t^ — 

a£ 2£ ~: 2; 



SH 



o 
z 



o o 
z z 



2: a: 
z z 



pi 

2 



z z z 



§■1 



u 

z 












>-^ 


xi 


z 


z 


z 



~^ -^ ^ 



r\ r\ r*-, 



cc — — 



< 






Di Qi a; 

z z: z 

— o ^ 

g. — ri ri 

O _ _ _ 



cs: a; c!i a: 



1-^ fN fN 



r\ o ■— 
ri — — 



ai 


/^ 


ci 


o 





^^ 


^ 


Z 


z 



i^ r- r- c 

E - E E 



22 CL O 




z 




z 



2 


2 


< 


<^ 


< 


< 



< 



2 
< 



< 



— — ri 



t^ r^, rf. 






2 


d 


2 


2 

d 








2 


2 

d 











C 
d 



< 



< 


< 



< 


< 


< 


< 



< 


< 



< 



< 


2 


2 


Z 


Z 




z 


z 


z 



Z 


Z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


<;; 


< 


< 


< 



T 



X 



= ;; 



■a c o. 






M) 



> 

■J •£ 



-a 



2; 



E t 



X = 



a: 


a: 


ai c: 


a: 


a: 


K 


q; 


z 


z 


z z 


z 


z 


z 


z 


•c 


-c 


r^ c 


■c 


sC 


vC 


'C' 


r^. 


::: 


r^ r^. 


f^, 


::. 


X' 


Z: 



o\ o^ o^ r- O" 



ZJ 'u '_» V '_» V t> :-» 



< < C<<<< < < 






O O O C: 



Ce:: 2i D^ 
'w' w- o 
^ :z :z 






2i 


:ii 


^ 


-V 


a; 


^ 


—^ 


^ 


w* 


o 


^ 


^ 


^ 


Z 


/d 


3C 


X 


3C 


3C 


oc 



ocoooo occoococococ a;22:'^^^^5;2;22;£:'^ 

rs|r--irj rjrir^rjrj — — Xiill — in — ~XZI._^^ — 

ZZZ ZZZZZZcZZZZZZZZZZZZZ 

r*", r*-, r*-, i-', r^, C, r'-, r*". -^ *^ r*-, (-*-, r-^, r^, r--, r-r-, r*", '"', '~^, i", r*-, rr; r^. 

rj (~J ri ririrj ri rj ri .£ — — — — — — — — — — — — — 

r-^ f^g ri n i-i ri ri ri — £ ri ri ri ri ri n rj ri r n n n rj 

___ ______ ^________ — ____ 

i;m ^, ^ |r, ^ ,-^^ r^j r--^ ri 1-^, -T 1: ,^ ~ H ''"■ ZT ^ "^ CC' — CJ ~ C.:^ — — ^ 

COCOOc-G-c_ c-c-c-CL.&.0«<<<c::cccr:£r:c:::r:cc:2ffl2: 

r*-, r*-, r*~, r*-, r^, r*-, r^, r', i-*"j r--, r*^, r*-, r*". r*-, 4* r J (~ 1 »- 1 ri ri ri (-1 ri ri rj r-4 r-l r J 

oooooooo ocoooo !-_________ — _ — — 

<<<<<<<< <<<<<<as<<<<<<<<<<<<< 

ZZZZZZZZ ZZZZZZ=ZZZZZZZZZZZZZ 

<<<<<<<< <<<<<< ^<<<<<<<<<<<<< 

</'. ■/", '/-, "/-. I/-. ly. iv, 1/-, ly, I/-, w. 1/". 'y. I/". ^ '/", '/", "*". <A. </", >/■, I/". ir. 'r. ^r. t. 'v, iv, 

— — — — — — — — — — — __ — ^_ — — — — — — — — — — — — 



o 



£ M 






x: 

OJj 



> 












¥.2 



a: 


a: 


ci: 


a: 


cn 


cc 


I. J 


O 


o 


^J 


Lj 


o 


^ 


^ 


^ 


A 


^ 


-i 


o 


vO 


^o 


■c 


^D 


vC 



z z 






a: 
z 



a: 
z 



z z 



OO 00 cc 00 oc 





2; 




5- 


5^ 










0-. 


5 


5^ 




3^ 




a- 
3^ 




a- 




g 


o 

5 




a; 


r 


^ 


3 


^ 


^ 


^ 


^ 


^ 


^ 


r 


^ 


n 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


^ 



< < 



< < 



1^ 



♦ 



OO 00 00 



a 


a: 


Di 


a; 


a; 


a: 


--• 


^ 


a: 


cs: 


a: 


^ 


:v: 


c^ 


c^ 


C£L 


al 


:^ 


ai 


2t: 


q; 


ci: 


c^ 


u 
z 


z 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


Z 


z 


z 


z 


z 


z 


z 


S 


3 


3 


^ 


3 


3 


S 


3 


3 


2 


3; 


3 


o 


2: 


O 


3; 


■2; 


n' 


3 


•i- 


O 


o 


3 


— 


^ 


H 


2 


^ 


r*~i 


^ 


— 


Ilj 


ro 


2 


— 


'Zi 


— 


r^. 


— 


[H; 


— 


— 


r'l 


_J 


— 


ZJ 






o o 



a: 


2i 


a: 


ai 


Di 


a: 


ai 


r-y 


a: 


ai 


a; 


a; 


z 


z 


z 


Z 


z 


z 


Z 


z 


Z 


Z 


z 


z 



pi Qi 

z z 



r^j n rj rj r-j 
r-\ r\ r\ rj »^i 



rj f-i rj r-j r\ r-j rj 



f I — 



C: — ri 









I 



< < < 



z 

< 



i. > 


u 


< 


< 


^ 


w 


z 


z 


< 


<■ 



o o 

< < 

z z 

< < 



z 

< 



< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 



■a 



•o 






■ope 



5- 



< £ 

si 



Z'*'- 



:2 = 



< < 



rj rj r^] rv) 



Z 






2i 

2 



z z 



z 



z z 



z z 



a: 
o 



a: a; 

z z 



^ o -c 



r^. r^, r^ 



5 






O^ C O" 

5; ~ 5^ 



c c c c 



< < 



< < 



< < < < 



< < 



in 

«*1 



2i 2i si 

'^ o ■-> 

z z z 



C^^^^ — c^^^c^^ 



z z z z 



Tn :z. :zL 



a: 

z 



z z 



z z 



a: a; a: a: 
z z z z 






^ -c ^c ^c -c 



z z 



a; 
z 



z z 



z z z 

-J rj rj 



O^ 


3- 


ly- 


■^ 


-r 


O' 


ly- 


■Q- 


o- 




















q:: 


CC 


ce: 


ai 


a; 


cr:: 


QC 


Cii 


a: 


\j 


■■^ 


'wl 


o 


;j 


^ 


-J 


— ' 


^ 


^ 


^ 


z 


^ 


^ 


^ 


^ 


Z 


z 



oc -; o- C> 



c^ a~ a 



rj ~ O 



a 

C 


C^ 


Qi 


a; 


C£L 


a: 


Qi 


O 


^ 


^-^ 


■^ 


\j 


\J 


^ 


^ 


^ 


^ 


^ 


d. 


b 


sT. 


^ 


■>c 


<^ 


^ 


■€> 


0^ 


rj 


ri 


r ] 


r^\ 




rj 


r. 

















_ 



— — — ri n 






- 


- 


- 


- 


z 


Z 


z 


- 


z 


- 


z 


z 


- 


- 


Z 


z 


z 


- 


- 


p 


o 


ll: 


c 
n 


< 


< 


< 

oo 


< 


< 

oc 


22 

00 

o 


< 


— ^ 
< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


0.1 


< 


< 


= 


< 


< 




< 


< 


^ 


2 


z 


z 


o 
z 


2 


z 


z 


z 


z 


z 


Z 


z 


z 


Z 


z 


z 


z 


z 


z 




-J 
z 


Z 


o 


Z 


Z 


Z 


Z 


Z 


z 


< 


<- 


<^ 


< 


< 




< 


< 


< 

ir, 




< 


< 


< 


< 

1/-. 


< 


< 


< 


< 


< 


=« 


< 


<■ 






< 


<; 




<; 


< 



ma 



j^^HS^^ 



IHi 



-, o 



c 

.J 






II 



E t 

5 " 



¥.1 



r-1 rs (N (N fN r-J 



z z 



a: 


oi 


a: 


a: 


=c: 


Qi 


cr: 


oi 


oi 


o 


O 























:^ 


4: 


^ 


Z 


^ 


^ 


z 


Z 


z 


vO 


^ 





>o 


^o 


■^ 


^c 


vC 


^o 



z 



z z 












c^ o^ o^ o- 



O- O; O; » 

o^ c^ 5^ 5^ 



< 



< < < < < 



< < 



o. c c c- 

C^ CL C^ C^ 

< < < < 



so 



♦ 



rj ri n n rj 



ri n ri rl 



Di 


2^ 


csi 


Of: 


Qi 


Di 


Ci 


Qi 


a; 


ai 


a: 





■0 


■-J 








u 

















Z 


z 


z 


z 


z 


z 


z 


z 


Z 


Z 


Z 



2;a;a:a:aia:a;Qia:af: 
U 'J u o o o u o o o 
zzzzzzzzzz 

f^-l ri rN rj ri rj rj r-j rj rj rj rj oj f^4 












a; 



a: 
u 


a: 










a: 


a: 


a: 


ac 


ai 


as 


a: 


Ci 


a: 


a: 


a: 


a: 


a: 


a: 


u 








u 























^ 


u 


^ 


z 


z 


z 


z 


Z 


Z 


Z 


Z 


z 


z 


z 


z 


z 


z 



z z 



r 1 



(~( 



f-i 



O 



ri 



r-4 



<^I 



r J 



rj 






1-1 



r I 



r-j 



(-■J rn --r tv-, ^£ oc o^ — '^' 1C' TX 'il' '^ ^ 2: ^' — r-i r--, -r — n r^. ^ (n ■^ »v-. ^ rj 

— — — — — — ~- ri r'i <^i rj rj /n rH rj ri rj ri r-j ri r^. r^. ^, ^ ■^ -^ Tf ^ !C' 

ccoo5cScocooooocoooeocoo3e3cocococ5c3cocooocococooocococ 3c 

0'OOOC30000 0' 0000000000000000000 

<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 

^ '^ L; U L; '— J Lj '._> o ^ '.-^ '-J U ',J L; O O U ^ 'o U U O ^ O O O L^ ^ 
ZZZZZZZ2ZZZZZZZZZZZZZZZZZZZZZ 

<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 



< 



'.r, 



>/". 



'V, 



ir, 



^r, 



"r, 



IT, 



IJ'. 



ly. 



'/", 



iv-'. 



'/". 



Ij', 



o. 

< 



£ ^ 



■a o c 



a- 



X 

a 
z 

> 



3 ^ 
^ "3 



■i 7 






ai =- 



sO \C ^ ^ ^ 



z 






z z 



a: 
z 



a: Qi a: 

O O '—J 

z z z 



pi 2i ai ai p: pi 
L> — ' '—J O O O 
Z Z Z Z Z 2 



c^ c^ c^ c^ c^ Cl 
C^ C^ CL CL CL c^ 

<<<<<< 



CL C^ C^ C^ C- 

CL c^ c^ c^ c^ 

< < < < < 



< < < < < 



< < 



< < 






Z Z Z Z 



rg r-4 r-l rg 

a: q:: a: o: 

'wJ ^ '-^ o 

z 



Z Z Z 2 Z 



r^ <N rj rj -~t rl rj 

£s: o: a: a: 2i a: a: 

O o O O O '-> U 

z z z z z z z 



o o <^ o 

r^ (N r^l IN 



a: 

2 
rvi r^ rs| 



a: 



0-. a- o o- 



z z 



Z 2 



q: 2i ct: 

■,j o '.J 

2 2 2 



o: ai o; a: 

O O O Lj 
2 2 2 2 






2 



2 Z 



(-\ 



-c r- ~ 






Cl OC dLUi-uU-Li-OQ 



~ 


~ 


~ 


~ 


~ 


~ 


~ 


~ 


O 


O' 






'X 




oc 




00 

o 


oo 

o 


00 


00 

o 


00 

o 


00 

o 


^ 


oo 
o 


00 


oc 
o 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


2 


2 


2 


2 


O 
2 


O 
2 


2 


Z 


Z 


Z 


z 


o 

2 


o 
z 


< 


< 


< 


< 


< 


< 


< 


<; 


< 


< 


< 


< 


< 



— — (N 






o 


^ 


(- 


;^ 


^ 


;j;: 


.;^ 


.;j 


O 


CJ 


O 


O 


00 


oo 


00 


00 


oo 


oo 


oo 


00 


oc 


oo 


oo 


oo 


o 


o 


o 


= 


o 


o 


o 


o 


o 


o 


o 


o 


UJ 


U 


; J 


■u 


; ) 


o 


U 


; J 


sJ 


o 


o 


U 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 


LJ 


\j 


u 


C; 


^J 


■-^ 


o 


o 


o 


O 


O 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


< 


< 


< 


<^ 


< 


< 


<; 


<^ 


<■ 


<^ 


<■ 


< 



ra^^^H^ 



HHHHHHi 



IH 





o^ 


X 


o~ 


u 


o 


Q 


, 


T 


t^ 








CO 


U 


^ 


> 


1- 


h- 


3 


< 


p 


U 








I-' 


-n 


^ 


i; 


^ 


-a 


u 





c 



= o 



SCO 

■ape 



of- 
Z 



5?.i 



vr, • — — — — — — ' — "v. — w", "/"j ur, 1^, — iTj W-, t/'i ir, kt, vr, — ir, kt, tr. 

,0 OC tX OC OC OO DC 00-sD C»0\C^>O\C OO-JD^^'.C^sO OCsO^^ 

rj r^, rr. r^i ^, "^ '~^. r^. rt r<i rj r-| ri cj r*~j ri r-) (^1 (N r- 1 ri "■, rj f~-i r-j 

Qi a: Qi :k; :^ cc ai oicc: a;cr:a:£:;cii o^oiQiaiQiccia: c^ oi a: a: 

\y O O '-^ '■^ O '--J O o O O o O U O L; O O U O O ',-^0 

Z 2 z z z z z zz zzzzz zzzzzzz zzzz 

r*-, r^i r^, r^, r<^, r^ r*-, r^, r*', rr, r<-, r*-, r^ r<-, r^, |-^, r*', r*', r*~, r*-, rr-, rr~, rr-, r*", r^, 



ococcoooococooocooocccocccooccaooocc 



OO OC OO OC OC 



OC OO OC 3C OC OO 



5^ 


a o; o^ a- o^ 
cr 1^ O- r- c- 




g- g; 


a- 




Si 


g^ g; g^ 
O- i^ c^ 


5^ 


a- 
5^ 








g^ O^ O;- 
0= r^ C^ 


s 


g^ 
5; 




-^ 






-^ ^^ 


-^ 


-^ 


-,^ 


-— ^ -^. ^-. 


^^ 


^^ 


^^ 


-^ 


^^ 


^^ -^ -^ 


^^ 


^^ 


--^ 


__ 


— r-j — ri — 


n — rj — r-^ — ri — (~i — — 




-— 


~ ' 


~~ 


— r-i — 


"~ 


■"■ 


— 


— 


'~~ 


— r 1 — 


— 


~ 


~~ 



o 'J L» u 1) 1) ij o a> u D 

5 cj o o 2 '-* 2 '-' £ '-* 9 '-' £ '-' E £ '-* £ £ 

Cl H, Q.-3i CL.ii C^.2. Ci.H. &.-i, C^.H. t I^.H CL £^ 

< c<c<c<c<o<o<c<<c<< 



< < 



2 ^ c^ c^ 

Q. .H o. C. 

C- J^ CL CL 

< C < < 



CL CL 
< < 



CL ^ CL CL 

CL X^ CL CL 

< C < < 



< < c 



90 



2 Z 



o o ^ o o o o o o 

2ZZZ22ZZZ 

(~1 rj n ri r-j i~j "--i r\ r\ 



rl 


rj 


r] 


rl 




rl 




2: 


Qi 


q; 


a: 


q:: 


ci: 


0: 


z 


Z 



z 



z 


z 



z 


u 
z 



^ 
r^ 











3- 





so 



1^ 


r- 


3- 





3- 


0- 


so 
3 


3 


3 


so 


so 


so 
C3- 


sC 


so 




so 


so 


sO 





a: 


ai 


ai 


ai 


ai 


^ 


ai 


ai 


a; 


C^ 


ai 


a: 


ai 


a: 


o: 


ai 


a: 


ai 


a: 


ai 


a: 


a: 


OL 


Qi 


ai 


C^ 



z 


Z 



Z 



Z 



Z 


z 


Z 


Z 



Z 


Z 



Z 


z 



Z 



z 



z 



Z 


z 



Z 


Z 


z 


■0 

z 



Z 


s^ 

Z 




z 


Z 


Z 




r) 


ri 


*"i 


rj 


r 1 


ri 


rl 


ri 


r 1 


rl 


rl 


rl 


rl 


r 1 


ri 


^c 

ri 


ri 


rj 


so 
r^ 


sC 

ri 


>o 

ri 


ri 


_ 


^ 


r-j 


OC 









1^ 








"A. 




5 

3 


1^ 


OC 


2 


•v^ 


ri 

d 










5 




d 

^o 


■^ 


so 







s 

OC 




ri 



OC 


^ 


OC 







rj 





OC 


OC 




OC 




OC 

c 


OC 




00 




OC 


OC 




OO 



OC 




OC 




OC 





00 





00 



00 



OC 




00 



OC 





OC 




OC' 




OC 




OC 




OC 




'■•D 

OC 




^ 


< 


< 



< 




< 




< 




< 



< 


< 



< 


^ 



< 



< 



< 



< 



< 



< 


< 



< 




< 



< 



< 



< 


sj 

< 


'-J 
< 



*-• 



<; 



Z 



Z 


Z 


Z 



Z 


z 


Z 


Z 



z 


Z 



Z 


Z 


Z 



z 


Z 


z 


Z 



Z 


sj 

Z 


Z 



Z 




Z 




Z 


Z 


Z 



Z 


< 


<• 


< 






< 


< 


<■ 


< 


< 




< 


■r, 


< 


< 


< 


<; 


< 


< 

"r, 


< 

'r, 


< 

"r. 


< 

'r, 


'A. 


< 


<- 


<; 

"/". 



X 




td 


o- 


Q 


, 


T. 


1-- 










W 


^ 


> 


r 


f- 


M 

3 


^f 


O 



■J ■£ 
S -a 



•o i: 






■21 § 






§.: 









2: 
z 



a: 

Z 



O- O' o^ ^ 






C u 

< < 



OJJ 

< 






00 OC OC 



00 00 OG 00 



o 
z 



■^ o o o o o o o u u 
zzzzzzzzzz 



;V ^ CEi c^ ci; 2ii 
U U O '^ '-> O 

z z z z z z 






oc oc 00 00 oc 



00 00 00 00 oc 



00 OC 00 00 



a-. 


c> 


C^ 


0-. 


0^ 


O-' 


a- 


Ov 





c^ 


a- 


0-. 





o^ 


Ov 


oi 


Qi 


Qi 


al 


a: 


Qi 


Qi 


ci 


c^ 


q: 


a; 


Di 


a: 


Di 


Cri 


Z 


z 




z 


Z 


z 




z 


■■0 

z 



z 


z 



z 


z 




z 


■0 
z 


z 


z 



z z 






oc 


00 


00 


00 


00 


00 


00 


00 


00 


2: 


ai 


a: 


a: 


c^ 


0: 


oi 


Di 


ce: 


^ 


'■J 


's; 


.; 





^; 


u 








Z 


Z 


z 


z 


z 


z 


z 


z 


z 



w ^ ^ '^ 



a: 
z 



z 



a: 






<o o « — 



a o o o 






— — ri 



O O O' 



000 — 



O O O' O' 



— o 

o — 



lj 











c^ 








u 











'^ 





■^^ 


< 


< 


< 


< 


;•" 


< 


< 


< 


< 


< 


< 


<! 


< 


< 


u 





■^ 








■0 


■^ 














■u 








z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


< 


< 


< 


< 


w 


< 


< 


< 


< 


< 


<; 


< 


< 


< 



■-J o o 



< 


< 


< 


< 


< 


< 


< 


< 







■-; 


^ 










^.; 


z 


Z 


z 


Z 


Z 


z 


z 


z 


<; 


< 


<; 


<; 


<^ 


< 


< 


<; 



^^ttHltt^^iMUl 



HU 



HHHHHHHIH 





r^ 


y 


o~ 


w 


a- 


o 


, 


y 


I-- 




»' 




03 


u 


-> 


> 




f- 


Jil 


< 




u 




U* 


-n 


^ 


13 


^ 


■o 


u 


c^ 



o. 






^ e o 
•a o a 



Z 






0^ 



(5*. 



5? I 



e .t: 



u 

z 



. 






o < 



O O' o o 



< < 



— — o 



< < 



o 



. 



3- 

U 



O' a- 3- <~i 

C£l Cil C^ 2^: 






OS 



a- 3- 



Z 2 



Z Z Z 



ir, . — 

2 Z 



a: 
z 



z 



;r O OC 



cc 



--^ 



■sC ^D ■£:■ ri 

a: c^ cc oi 

o U O o 

z z z z 

c^ o c> -1- 

_ _ — o 



z 

oc 



Z 



— — o-^ 



r ^O 1-^. '-^. 



ai ^ii Oi 



pi 

Z 



Z 






oc 



O' O' O' 

ri 



oc 



sc 



cc 



DC 



OC 



cc 



oc 



m r^ r^, m 



'-n 



oc — — 



r^ 



OC 



r*-i rn 



^_ _______________„___ __ 

Z O "z*^ r', "r, O' ri r^, '/". r- G- (~ 1 O' rj o^ i^ O "v- ^C O' r-j i/", O O 

OO— — OOi o o oo — oo oooo oooo oo 

^ — — — — f^i r- 1 r I rj ri r- j i- 1 rn-, r^, — _ ^ .j fv, ^^ ^^ ^^^ ^^ ^ _j, 

^- ^ ~ c^ ooo O' O' O'O c; oc: c>0'00 oooo P'^ 

'-"--. , . . , , . . , , . . , . . , , . , . . 

^<<< <<< < < << < << <<<< <<<< << 

^ZZZ zzz z z zz z zz zzzz zzzz zz 

z<<< <<< < < << < << <<<< <<<< << 

~ yr, T. ir, >r, u'. vr. t, ir, >r. <r. ■/-, ir. >r, *r. >/-. '■r. ^r. *-r. ^r, 'j'. ■/*. '/-. *f~, 



o 

z 






o. 



I. 

o 












3 

a 
■g 

O 

Q. 
Q. 
< 
































5 

3. 






1 


s 
w 

(^ 
a: 




.£ 








O 








§■1 

E=* 




2f a 


5 = 






o — — 



< < 



< 



a: 
Z 



z 



a: 



o 






C^ 



o^ — 



z 



ai. 
U 
Z 

On 



O 

z 



o: 


Qi 


oi 











z 


z 


z 



00 — 



< < 



< < 



< < 



— r-4 o- 
Ci: a: cc: 

000 



q: a: 






< 
z 



■sC 


-r 


— 


1^ 


r— 


■^ 





OS 


rj 


rj 


r^i 


n 


ri 


Z; 


rn 


n-i 



-t — ■ 



W-. 


rs 


r^J 


r-1 


rj 


^ 


so 


— 


(N 


— 


rj 


rj 


^ 


^ 


a: 


Di 


Qi 


ci: 


Qi 


a: 


(^ 


t; 





'^ 














z 


z 


z 


z 


Z 


z 


z 






V, w 



Qi 
O 



oc — 



'o o o 
z z z 



Q Q Q G C 



r', < r^; 



z 



U- LI_ 





n 














a; 


a; 


Qi 


a; 


a: 


Z 


z 


z 


z 



z 


— 


3C 


■0 


--^n 


r^ 



■0 

< 



< 



< 



< 



< 


< 



< 




< 



z 


z 


z 



z 



Z 


z 






z 


< 


< 


< 


<; 


<; 


< 


< 


< 



'•-) 




c^ 


\J 


o 















'^ 


^^ 











u 


u 


< 


<■ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<^ 


< 




< 


< 


< 















^ 


u 


'^ 








^ 


^ 











■•~> 


-1 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


<■ 


<■ 


<; 


<■ 


<r 


<■ 


<■ 


<^ 


<■ 


< 


<• 


<■ 


< 


< 


< 


-c^ 


< 


'/'. 


IJ', 


ir. 


ly. 


"y". 


'*". 


«r, 


<^. 


'r, 


»/-, 


1V-. 


■V-, 


ir. 


lA. 


"V, 


'y. 


ir, 



HHHMHHHHHHHHa 



OC — \C — r*-, -^ O 

r<-, '^ r*-, sO ^ f, IV-, J^ O O — [^ 

r- "y, OC "V. -t O (^J r-*", I/-. ^ r^ I — 

— r^, w, r^ O- — — — — — — — 

'^ '^ '^ '^ O '^ '-^ '^ O O O 's_> 

ZZ2ZZZZZZZZZ 



a. 

< 



u 
z 






OC OC OC 



Q 
Z 

> _ 
< £ 






Lu O < 



2i a: 2i 2: 2:: 






?.i 



'u 


-^ 


■^ 


■_^ 


'— ' 








'w' 


U 




z 


^ 


z 


^ 


-£l 








^ 


~z. 




r- 


r^ 


</-. 


C^ 


— 








O" 


<-) 




ri 


22 


- 


- 


- 








- 


- 




^ 




r- 


sC 










■-c- 








>r. 








cc 


5C 










(^1 


cr 


ri 




r4 


r- 


r-. 










^J 


»y-. 


— 


— 


— 


— 


— 




— 






ai 


rv 


C^ 


^ 


:^ 


;ii 


2^: 




Cil 






^ 


,_; 


^ 


^ 


.^ 


.^ 


w' 




,_^ 






Z 


^ 


^ 


^ 


^ 


^ 


z 




Z 








r- 


yr. 


Q. 


li', 


-V 


^ 















— 


— 


— 


— 


— 










n 




"■ 





— 


— 


ri 




1-^ 









r> 


(/-. 


-r 


1/-, 










yr, 




rj 


sC 


>r. 




OC 






r-- 








c^ 


n 


OC 


— 


T. 






— 


■^ 


-f 




a: 


c^ 


C^ 


CiL 


Cil 






a: 


oi 


cb: 










w- 


•^ 


-^ 






wi 








!/5 
U 


z 


^ 


^ 


^ 


^ 






^ 


Z 


2 


^ 


p*-, 


_ 


rr-, 


r- 






c- 


-f 


'.O 


— 


C: 


— 


— 


■ — 












I-I 


fw- 


rr, 


i"^i 


r*-^ 






r-i 


'■^. 


(^J 




~ 


~ 


" 


~ 








■^ 






r~- 








O' 


ri 


yr. 


r^ 


c> 


r~~ 


-T 


_) 










-T 




-T 


»/". 








(-<-, 





























~ 


c: 


■— 


C: 








— 




Li. 


u- 


'J- 


;_;_ 


■• 


;^ 


-. 


'■J~. 


U- 


'^ 







"■ 


C: 








— . 


:^ 


C^ 





C/5 


— 


— 


■^ 


— 


^ 


— 


— 


— 


— 


— 




■ _, 





^; 











u 





'■^ 


'—J 





< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


U 


'w' 


^ 


^ 


^; 


wJ 


^/ 


'sJ 





■^ 


^> 


a 


^ 


Z 


Z 


^ 


^ 


^ 


^ 


^ 


^ 


z 


J 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


-a" 



< < < 



Clj ilj Ci) 3lj OJj -Ij DXj Slj CXj Dlj ilj tij 
OXj CJj OL ;|j :ij 3li ^ CJj Cij OJJ ^ CJj 

2: >>>>>>>>>>>>? 





^ 


C" 


OS 


cc 


-V 


-V 


-v- 








c 

b. 









^ 


^ 


z 




■c^ 




Os 


z' 




— 







r^-, 


r', 


i-n 










1- 








^ 








H 








!/) 








p^ 








a 








U 








b: 








b 


























Q£ 








■^ 

































^ 








y; 


— 








cc 


ri 


rg 


r^ 


UJ 









H 


< 


--• 


< 


;/! 




„^ 


— > 


u: 


-^ 


z 


Z 



( 



o. 






& n 

■= £ S 

•a © Q. 

*- A: o 



Q 

z 
> _ 

< £ 

% - 






OS - 



'I- 









— — — — - - Q 

a: ai q; a: oi oi ^ 

O O O o U O ^-. 

z z z z z z ^ 

a- cr o^ a- c- o- § 

_______ 2Q 

""j f^j rn r^j r*-, r^, r ■• 

______ ^ 



o o o o 



< 



1/5 

Z - 

o 
•< 

OS 



o 
u 
-J 

oi 

z; 

u 
O 






z 



z z 



z 



ai 2i 2: 
L^ o ^ 
z z z 



z 



a: 

z 






a- 'O _ 



O O' o 



< 



< < < 



u 


CJ 


o 


C ; 


C; 


< 


< 


< 


< 


< 





>..j 





^ 





z 


z 


z 


z 


z 
























lj 


< 


< 


< 


< 


< 


< 


< 


< 


'O 








^.; 


^J 


^J 





^ 


z 


z 


z 


z 


z 


z 


z 


z 



IHllitiiii 



X 


c>. 


u 


ON 


o 


, 


7-, 












u 


^ 


> 


P 


H 


3 


< 




U 


— 


Ui 


■n 


% 


1) 


^ 


T3 


U 


D. 



L. 




■£ 






o 




q^ 


3 


q: 


13 


^f* 


> 


O 




O. 


Cl 


■*f 




-fi h 




V c 


.^ ^ 






M o 


go 




^ — 


IeI 


■ope. 


:;i £ 


u a. 


t- 






















S 








n 














a 




a 


s 




















(^ 




< 






S^ o 


u:^^ 








.Si £ 


of- 


z 




u, 






ll 




H 




C 01 






n "-3 


= <u 










X =- 


e^ 


5 = 
5? .2 






e .t:; 


&.^ 


^ 









a: Qi 
z z 



o 
z 



O O O 'O' — — — 






— — <^l 



a: 



o 
z 



— — ri 



> ^ > 

C -C CL 

< O < 



♦ 



z z 






a: a; 

1, ^ '-i 

£ z z 

t: ::: n 



5 o 

z u 

= ^ ? 



oo 00 oc oo oo 



5 
S 



Os 



5^ ON 



O- 



t> 






U'^, 1 IT, \t,J 

o — (^1 rl 

taJ ^ oo oo 30 

>< O. C o =. 

W S= ir t i: t ;= := != it:' i: t it: := := I 

5 ^-Or^ooOCD — rjr^, TT'y-, ^t^ooc^^ 

Qcjr^r^, r', -r-^-^'-^■-t-t■-^-^-t-^'< 
r^ 1> "J \j -J --> -J u --J V -J ■-> o ■-) O r_ 

> ii5iiiiiiiiiii< 

O ZZZZZZZZZZZZZZa 



yl 


-O 


s 


u 


a^ 


£ 


U 


rj 






a; 


w 


->■ 




' 


Of 


Z 




u 


^ 


e 


(/3 


rj 


r^ 


z 


o 


^ 


■< 




c 


^ 







z 



r-- — 



al 


q:: 


ai 


:£: 


2=: 


Z 


Z 


z 


z 


z 


rj 


r-j 


-f 






r-i 


("1 


~ 


— 


— 



iC 5 — r^, sC >0 



O O c 






i 







:j; 


a 


rj 






ON 




S£ 




— 


■s.> 




^^ 


\J 


< 




< 


< 


^-' 






^ 


Z 


4 


z 


z 



— — -3 



a- 

a- 

ON 



U 
Q 
Z 



> _ 

< S 

-J -£ 















o 


a 

Q. 
< 


> i 


Text differs 

from 

proposal 


1 


s 
w 

Of 


0^ 


c 

< 


"5 a- 


© 

o ^ 

2: 


0.1 


s ^ 




1 

C 

a 


e 






^ > > > > 

.ri, C. C- c. o. 

o < < < < 



a^ (^ Q\ o^ 

r*", r^-i r^ r^l 

w'i <ri <v. ir, 

a: ci: Qi cr: 

o o o o 

z z z z 



U 
Z 



— "/"I 


•/"J 


u-j 


»r, 


ly-, 


OO sD 


^ 


vO 


^O 


O 


r^ rsl 


rs 


r] 


f^l 


(^1 












Qi Di 


a: 


a: 


a: 


Cti 


o o 


O 


o 


o 


'~l 


z z 


z 


z 


z 


Z 



o o ^ 



O O 



o 
z 



O^ On On O^ 0^^~-0^^^0^ 



0^ O". O^ 

O^ ov r- 



— — fN — rs — 






i> 



u It 

> > 



a. CL c_ 



< < < 



y^ (/; C>0 



.!=i., C- H., C. D- C. C- 

ji: Ci- -c- CL c CL CL 
O < O < < < < 



if) ^T) IT} 



O < 






0^ 



O 



oi 


cc 


Qi 


O 


o 


^ 


z 


z 


z 



o o o o 



z z z 



OO OO OO 



^ o ^ 



a. 

o 



a: 


ct: 


oi 


OS 


q: 


ai 


^ 


^ 


^.^ 


o 


■o 


',J 


z 


z 


z 


z 


z 


Z 



^ '^ o 






Qi a; ai o: 



l; ^ o 



Z Z 



Qi Di Qi 
^ O U 



— — f^J 



^ ,= X cc cc 



^ o -^ 



'-J 


Cj 


u 


o 


z 


z 


z 


z 



< 



o - 



< < < 



U O ^ v_J O 



C J 




o 


o 


o 


o 


o 




o 




o 


u 


u 


< 


< 


< 


< 


< 


< 


< 


< 


< 




< 


< 


< 


o 


o 


o 


o 


o 


o 


^-J 


o 


\J 




o 


o 


o 


z 


z 


z 


z 


z 


z 


z 


z 


z 


o 


z 


z 


z 






5 



■a 



a. 
a 






h: E 



< 2 






E t 
i i 



I'.w 






o 
2 



U 

Z 



so 



I 



UJ LU LJ LL) UJ 

■y^ w. ir. v^. if: 



■•A. !ji ifi V. ir. 






z z 



z z 



•a- o- c- 



3- '^ 'C- 



z z z z 



— — -g- 

Qi Qi oi 

O O O 

z z z 



■O O- O' o o 



a- 

rj 

o 
z 







Qi 


o: 


Z 


-1 
z 



E 



ir, o — 






o o o 



I 



^ ^ ZlL 



2i a: q; a; 

r^- '-^. r^ f-n 



a: a; ai 






< 


< 


< 


< 


o 


o 


o 


^ 



< 



z z 



o 


o 


o 


o 


o 


o 


o 


■-J 


< 


<■ 


< 


< 


< 


< 


< 


< 


o 


o 


Ol 


o 


o 


o 


o 


t^ 



i: 2 2 



o o o o o 



< < 



c: o o 



CJ 


CJ 


CJ 


o 


o 


o 


< 


< 


< 


< 


< 


< 


o 


u 


o 


o 


o 


ij 


z 


z 


z 


z 


z 


z 



< 



z z 






OS 
■a 






S E § 
•a o c 
— i c 






X 

o 

z 

> 



3 -o 
3 "2 









o o '^ 



z 






a: c£ a^ 



Z 2 



Z Z Z 



00 OO 00 00 oc 



OC OC 00 



rj r4 rj 



o o o 



o o o 



< < 



< < < < 



< < 



< 

o 



w C cc < < 



C^ CL C- c c c- c^ 
C^ C^ CL C Ci, CL c^ 

<<<<<<< 



< < 



< < 



1- 



in J^. j: J^, ir. 



oc ^C oc 



Qi 


OL 


q; 


^ 


ei 


:^ 


2i 


^ 


ai 


ai 


2i 


z 


o 
z 


z 


Z 


Z 


-J 
Z 


z 


z 


Z 


Z 


Z 




c 




rj 


fN 


rt 


c^ 


rj 


rj 


r] 


rl 
O 



r-1 n rj rj rg rj r\ n rj r_j rN r[ rt 



^ cc; Di a:; c^: 

'>_; '—J '-_J '— ' '— ' 

z z z z z 



z z 



c^ cr: Di a; a: q; 

L; U L> O O U 

z z z z z z 



ri rj ri 



r I r J r4 



OOOOOOOOOOO — — — — — — — — — — n ri r-\ r-i n ri 

r-to — — — — — — — — — ' — — — — — — — — — — — — — — — — 

rr-, rr^ r^, r*") rf^ r*; rf, r*^ r^, rf, r^j ri~, r^, r^, r*~, r^, r*", --^j r*-i r*~j r^-, c, r^, r^, i-<"i r^, '~^. 

O O O O O O' O O O O' O' O O O c; w O' O O O O' O C: O O' o o 

<<<<<<<<<<<<<< <<<<<<<<<<<<< 

O O U U O O O U O O U O O O '.^ O U U O O O U L> o o o o 

:z.-z-:z.~zi'z:z-~z'Z'z.-zL-zi:zL:zL:zL zzzzzzzzzzzzz 



« 



^ ^ <^ 



2i si 2i fi pi 

2 Z Z Z Z 



z z 



z z 



a: ci a; ai 

'w- '^ U O 

z z z z 



■3 ? 



C> O- 3- C- 



C? 3- C> 






— • o o 



u 

Q 
Z. 

> 









c^ c^ c^ 
c^ c^ c^ 

< < < 



< < < 



< < < < 



90 



< 






^"g. 



u 



z 



r- 


r- 


r^ 


r^ 


r- 


r~~ 


r- 


r-- 


r^ 


r- 


r- 


[^ 


r- 


r- 


r^ 


i^ 


;n; 


:• 


*• 


-V 


-• 


-v 


-V 


:^ 


-V 


-^ 


^ 


2^ 


-• 


-• 


-v 


2i 




Z 


Z 


Z 


Z 


Z 


z 


Z 


Z 


Z 


Z 


z 


Z 


Z 


z 


z 


CJ 


rt 


ri 


C-' 


r 1 


r I 


^, 


r~i 


ri 


rj 


r_] 


ri 


rj 


CJ 


ri 


o 



a- o- 3- 



a: 



ry ^^ ^j- ^y ^/ ^ 

O o O ^ ^ '^ 

z z z z z z 

V, ly-, I/-. ly", ly-, i/-, 



:i ^i: ~: :£ ci 



ai n; :£: 
O O Lj 
z z z 



^ ^ Si ai a: ai 
'_y '_; '_> L^ O O 

z z z z z z 



^ ^ Li ai 2i ci 

z z z z z z 






li 



>cr-3cc- o — ri "-. -r«r, -c t^ ccc — — — i^-ii^, t'i.' ^ CT 9? ^ — — *"' 

— — — — — — — — — — — — — — — — r\ r-\ r-\ r"j rj r-\ rj n r\I (^4 rj n 

O O 's_> L^ O O O ^ 's_; U Ly O ^ '.^ U L^ '._> ^ ^ ^ '— ' L; L* O O L/ O 's-- 

<<<<<<<<<<<<<<<<<:<<<<<<<<<<< 

L> O U ^ '>^ '-^ Lj L' U^ O O O s-^ O U O O Lj O '— / '^-^ '^ '.J ^ ^ L' ^ '— ' 

zzzzzzzzzzzzzzzzzzzzzzzzzzzz 



< 





a- 


X 


o- 


u 


CJ- 


a 


, 


?- 


x— 




^ 




ra 


u 


■? 


> 




t- 


Oil 
3 


< 


o 


-J 




>_j 


-a 


S 

3 


— 

X! 


r 1 


Q. 



b. 




s 








^ 




s 


C£ 


•a 




> 


o 




o. 


o. 


< 


>, 


-Q ^ 




"J = 


.£ >" 












k 




■a o c. 


S-^ £ 


u Q. 


H 












n 






y. 


■h 


s 






















OS 




QC 


c 




c 
















< 




A U 


O "^ 




iliZ 


t— 






.^ s 


o (" 


z 




u 


» 




11 


id 


r- 


Si ^- 


= M 






S ^ 


E t 


i- % 


^e. 






S: I 








e .t: 


S;.^ 







ON 



■3- C- O- 



O- O- 3- O^ 



ai 


a: 


OS 


!i: 


Qi 


ai 


r^ 


■^.J 


^ 


v_J 


V J 


o 


o 


o 


Z 


.i 


^ 


^ 


^ 


^ 


4:; 



2: ci ci: ai 



z z 



z z 



z z 



ri 


<~1 






i< 


^1 




n 


rl 


rl 
ri 


rl 
ri 


rj 
ri 


~ 


p, 


2i 


Si 


si 


^ 


?, 


Di 


:r: 


a: 


ca 


rr, 




< 




< 


^ 



< 



< 


< 



< 


< 


< 



< 



< 




< 





z 


z 


z 


z 



z 




Z 




z 



Z 



z 


■0 

z 


z 



^ nC ^O vC 

:c: ai ^ si 



ri rj n r-i 






< < 



< 



2 Z Z 



Q. 

a. 



■c b 






IE E 

■o p 



C!3 



> 

c 






E t 



X c 



( 



z z z 



o 
z 



3:: 

z 



Qi a: a: 
O 'o O 
Z 2 Z 



r*-i r*-. r*-, 



oc oc oo 



Ov — r^ — — 






. Cl. O. 
< < 







■— 




o 


T3 

-a 

c 


s 


> 


D. 




o 


C 


O. 


V 


all 


c- 


< 


UJ 


< 


< 



c c 

< < 



9 



{ 



~T '/'■ '^. '/". 



z z z z 






u 
z: 



3-0-0- 



Z Z 



z z 

— rj 



Z 2 Z Z 



z 



~: a: a: 



z z 



o o 
< < 



ri rl ^ 



— rl ri 



r^ rj -r 



g£- ------ 

- .s; -^ 'o -> L. '^ '-^ ;-/ 

o>< <<<<<< 

<! 0- ■>-' 'w' Lj U '—z L' '^ 



r-i rj ri y, — — -' 

'-^, 1-^, '-', r'-. TT -^ -r 
rj r^-l r-j rj rj r-i n 



< 



z 



— 1^, 



< 



z z 
< < 



z z z 

< < < 



z z 

< < 



< < 



<<<<<<<<<< 

^ O 'w* O '_^ '.^ ^ ^ '— ' — ' 

zzzzzzzzzz 
<<<<<<<<<< 



X 




u 


ON 


Q 


, 


>r 


l~~ 


>— 1 


^ 


UJ 


2 



< S 
-J ^ 
US x) 

$ "fa 
D -a 

U 









"3 
a: 

t5 

> 

£ 

a. 
a 




Text differs 

from 

proposal 


s 




n 
C 


c 






1 






5? .2 

< 



OS 



O y-. 


C tr. 


C- •'"' 


'C rn 


k^ rn 




a rf 




iS 


'^QS 


"-a: 


(= ^ 


E ^ 


O O 


o y: 


o Z 




o^ 


O >^, 


_; ■= 


«-. <= 


2i O 


X m 


X m 


X r^ 




tu — 





z 



z 

a- 



00 




Di 


ai 


z z 




o 



z 



z 



< < 



O < < < 



tri 



z 



u. 


a:: 


ce; 


Oi 


2i 


ai 


a; 


a; 




Z 


z 


z 


z 


z 


z 


z 




r\ 


ri 


g 


f^l 


— 


— 


— 


— 


rj 


H' 


!zj 


r^ 


f^ 


^ 


r^ 





7. P 


O^ 

cr 


1^ 

00 


z 


^ z 


z 


z 


2: 


C- n-, 


n 


o 


<-j 


"^ (-1 


— 


f~i 



a: 
z 



2i 

z 



Qi 

o 






pi 

Z 



z z z 



^j — f"-! 



< < 



C^ ~ — . ,— , 






2 -^ 



< 


< 


< 


< 3 


Z 


z 


z 


z - 


<^ 


<^ 


<^ 


< i 



r~i ri rj rj r-i 



< 


< 


< 


< 


< 


< 


■J 
z 


z 


z 


z 


z 


z 



< 



o 


o 


o 


^^ 


< 


< 


< 


< 


■o 


■^ 


o 


o 



< < 



z z 



c; 


u 


o 


o 


< 


< 


< 


< 


i-j 


o 


o 


^; 


z 


z 


z 


z 



^ — — ~ 



3 



C- fir ='> 



c 
z 

< £ 



e 
Z 



c 



1-^ 



E t 



« — 



5 = 






( 






o 
z 



a: a: 
z z 







Cv 


c^ o^ 








00 rn 












\C r- 


o 


o o 



0^ O"' O" O^ O^ ^ O^ 
O" O^ C O" ^ ^ ^ 

r-1 fM — ^ rNi (N (N 



< c < < 



< < < 






i 



< 

z 



^C sC sC 



z z 



a: 2: pi pi se: 
O o '_^ U L^ 
2 Z Z Z Z 



2i 

z 



a: 
z 



ir. 



r^ 



2: 



< — — — — 

K z z z z 

^ — n rj ri 

^ - 2 - - 



r) 



< 



oc 



OC 



[^ 



r^ 



Z 



■C r-j 



< 

z 



^ o o c 



^ ^ -^ '■-' w* ^ '.-^ '— ' _' ^ ^ ^ '— ' 

zzzzzzzz zzzzz 

ri *^j r-i rj ri rj — — — — -^ — r\ ^ 

r\ n rA rj r^ r\ r\ n ri r-j ri r^ ri :^ 






w. ^ — — 



< cc 22 cc a: cc X 






^ 



> > > > 



< < < 



< 




< 


< 




< 



< 


K 




< 




< 


K 

^ 




< 




< 


< 


< 


< 


z 


z 


z 


z 


z 


« 


z 


z 


"« 


z 


z 




z 


z 


z 



< 

2 



< 
Z 



s 
•a 



SI e ^ 



u 
a 
z 

> 






5Jj 

3 






E i; 



^ c 






o 
z 



On ^ 

r- — 

a^ a: 

z z 



2e: 

2 



Z 

O 







00 


r^i 


r-i 




»/-, 

o- 


o 


o 



< < 



< 



< c < 



< < 






[^ Qc r^ CO r^ oc 

V, n-| ir, r', lA. r^, 

CO ^ =C -t 00 -1- 



oc i^ oo r^ CO 

r*"< W. rr^ *r, r^i tr, rn 

-r oo -T 00 T CO ^ 



00 [^ oc r^ 
ly. r^i <r, 



a: 

o 
z 



q; oi Di ci 
O O O '— ' 
2 Z Z 2 



^ U '-J L/ U U U ^ 'wJ L^ O 'o O L/ '--^ '^ O O 
Z2Z2ZZ2Z2ZZZZZZZZZ 



a: 



NO 


s 


OC 




-r 


00 

0-. 


a: 


Qi 


Qi 


ot: 


Qi 


a: 


O 
Z 


z 


Z 


z 


Z 


Z 


r~ 


oo 


r^i 


o 


-T 


— 


~ 


~ 


"~ 




•~ 


-~ 



^ ~c ^ ^ ^ 



z 



w. 




ri 


n 


n 


r J 


'/'. 
r^ 


r- 


^r, 


E 

c 


oo 

o 


o 




> 


> 


> 


> 


> 


> 


--j 


^ 


1^ 


< 

-r 




< 


< 


< 


< 


< 


< 


< 


< 


< 


"> 
u 


< 


< 


Z 


Z 


2 


Z 


2 


Z 


z 


Z 


Z 


y: 


z 


z 



— m 



— c-> — 



< 

Z 



< 



s 



fcc5 






;> 

ra 



z 
> 

< 

.J 



5 -a 












^.1 



< 



COO' 



O O' o o 



< < 



< < 



C- c_ 



< 



c^ c- c^ 

< < < 



IT/ 



i 



3cr~-ccr^ccr^c»cr--ccr-ccr^ocr^ocr^3cr--Dcr-ccr^cci^3cr-ccr^3cr^cct^3cr^3cr^3Ct^ocr^3cr-3C 



-Tcc-rac-rcc-Toc-Tcc-Toc-roc-Tsc-Tsc-TDc-r 



-T3C-T3C-riC-rCC-r3C-r3C-T3C 



:^:s:lc:^Ci^c::^2^ci^cxLC:^c^:^c^C2ic^2!ic^:^::iic^z^:^ 


'V'-V-V''V-v'-V^'V''V'V'Vpr^p^'V'V-^'^-v^'V-^'V''V 




zzzzzzzzzzzzzzzzzzzzzz 




— O — O — C: — C: — O — O — O — O — C:— O— O 









3- 


~ 


~ 


~ 


— 


~ 


~ 


~ 


— 


::^ 


— 


— 


— 


— 


— 


— 


— 


~ 


~ 


~ 


— 


— 


:^ 


2i 


:ii 


Oi 


2:: 


:^ 


C2l 


2i 


=i 


2i 


:t 


Si 


2i 


iV 


:^ 


^ 


2^ 


^ 


2:; 


:ii 


^ 


C:^ 


z 


Z 


z 


Z 


z 


z 


z 


Z 


Z 


z 


Z 


z 


Z 


Z 


z 


Z 


Z 


z 


z 


Z 


z 


Z 


ri 


f~i 


ri 


ri 


rj 


rj 


r-j 


r-j 


n 


r t 


ri 


rj 


r-| 


rj 


rj 


r J 


n 


ri 


PN) 


ri 


LI 


r 1 


•A, 


^ 


r^ 


DC 


^ 


- 





ri 


^, 


-t 


'/-, 


^ 


i^ 


3C 





r 1 


r^, 


t 


w, 


^ 





r-i 


>r. 


ir. 


ir, 


'Z", 


ly", 


ly, 


I 


ir. 


«/". 


LD 


w, 


1 


I 


I 


I 


I 


I 


I 


^ 


2 


r^ 


t~~~ 



i 



< < 



< 



< < 



< 



a. 
< 






S t o 
•a o Q. 



< £ 
-J ^ 









?,> 






< < < < < 



C- C- 



C- C^ CL 

C- c_ c- 

< < < 



c_ c- c- 
c_ c^ c 

< < < 



< < 






r^ oo (^ 00 (^ r 



ocr^oor^oct^oor^aor^oor^cct^oct^oct^scr^oot^oct^oor-ccr^oci^ocr-oct^oo 

ly", rf-j "/", r^, I/-, -r T rn "r, "-. ly, "-, ly, c^, v, rv, ly-, c*-, i/-) r*", ly. r*-j ir, rn "^j ry'j '/"i r*-; i/-, r^, ly-, r*-, i/-, r*-, i/-, n", i/-, r*-, ly-, m ">". f^i 

ccTfoc-roc — — -TocTtcc-Toc-rocT^oo-roo-^ocrrocT^oc•too-r^c-^3on■oC'T^o-I■oc-f^o--^oc-t 
'^ O U o O '^ '._/ '—^ 'w^ '— ' ^ O 'w^ O U '— / '^ L^ L/ U U O '— y '— ' O '^ Lj ^ L^ '— y '— y Ly ^ U U' O '>^ '^ 



iz. :z. -z. :z. 'Z. 



zzzzzzzz 



zzzzzzzzzzzzzzzzzzz 



o> 


o 


ce: 


ct: 


o 


o 



2i Oi 

z z 



a: 
z 



z 



pi 
z 



Z 



a: 
z 



o 
OL 



or: 
Z 



ai 
2 



z 



oi 
z 



a: 
z 



O O' o — <^ '^^ '^^ o o o o o — — — — o o o o o o 

[^ (^ r^ QC "^i ""- "^i ""' 'y"' 'y"' "'"' "y' "y, !/■( I/-. '/", >C ^ sO -C ^ ^ 

O w' O' O =p P ^' ^ p ^ ^ O O' O O O O' o o o o o 

— — — — O 'O ^ O O O O ^ O C' O ^ 'O 'w O ^ O ^ 

< <<<<<<<<<< <<<<<<<<<<< 

'— ' '— ^ '--J O O '^ o O L^ L> Ly U O L; '^ O Ly '-_y Cj O O O 
ZZZZZZZZZZZ2ZZZZZZZZZZ 





rr 


X 


O^ 


tii 


(J- 


c 


, 


?• 






>- 




m 


u 


^ 


> 


r 


f- 


5Jj 


< 


p 


-1 


-5 


^ 


-o 


s 




.J 


-o 


u 


c^ 






■ape 
rip 



IT Z 



as 5 



o o = 



O O' o 



< < 



IT, 



< 



r^ oc t^ cc r^ 



r^oci^oct^3ct^3Cr-oc[^3Ci^acr^ocr-ocr^3Ct^^[^3Cr^3Cr^GCt^3Ct^ 



-roc-Toc-roc-Toc-tcc-rsc-Tcc 



'/". r*-, ur, 



O '^ Lj L^ o O O O '_^ '—^ '_J '..^ ^ O O L/ U L> '— ^ _ _ _ 
ZZZZZZZZZZZZZZZZZZZZZZZ2Z2Z 



a: 2: a; a; :i 

O O ',j U ' 



oc-r^-t3C-Tcc-f»CTroc-Toc-T>:-T3c 



^ ^ '^ ^-^ ^ o '^ 



ZZZ2ZZZ2Z 















a- 



c^ :^ :i; 



a: 



3- 
3- 

a; 



a- 



3- 



as ac 
Z Z 



I 



< < 



< 



< 



< 

■-J 
2 



6 



mi 



5 S 

■a © 



a 
z 

r" OB 
< 2 









c? o c; 



C C Cl 






OO I^ OC [^ OO I — OC ' 



r-cor-3cr--oci^cct^oot^GO[^oor^oor^' 



V, r^, ir. r') ir. I 



Wi r*") <y-, r*"! </*, <-<■, 



'^ O L^ L> O '— J O 'wJ L/ U Lj 'wJ w '^ '— ' O O O '— ' O O '^ O L> w O O '^ U 'w> O ■'_; L> O O O O U U O O O U 
ZZZZZZZZZZZZZZZZZZZZZZZZZZZZ2ZZ2ZZZZZZZZZZZ 



a: 
z 



z z 



ce: c:: 2^: :^ 



c 


o- 


o- 


0- 


o- 


o- 


a- 


o^ 


ai 


c^ 


ai 


a: 


a: 


a: 


c^: 


a: 


Z 


z 


z 


z 


z 


z 


z 


z 



Z 



o- z^ ■" *"' '^' ~ CU 



"^. sC 



X 


X! 


^ 


'^ 


o 


■;;i: 


^ 


o 


n 


— 


— 


— 


— 


— 


— 


n 


r\ 


ri 


r J 


n 


1-1 


rj 


o 


O 


o 


o 


o 


o 


O 


C 


o 


o 


o 


o 


o 


a 


■o 


o 


a 


o 


o 


c 


O 


o 



C; 


() 


(J 


O 


u 


u 


!; 


o 


u 


o 


Cj 


o 


l; 


o 


C; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


'^ 


'^ 


^ 


o 


o 


O 


o 


o 


o 


u 


u 


o 


o 


o 



< 



< 






u 


^1 


> 




f- 


M 


< 


? 


_1 


-= 


M^ 


-r; 


^ 

3 


-o 


U 


D. 



3 
Of 



s^ - 



a: 









4 5 

C . - 



( 



CL C_ C C- 

< < < < 












c^ c c^ :^ 



< < 



CL. c c 



< < 



C- c^ c~ 



< z < 



X 



i 



r- 3C r- iC r- 3C 



[^ DC r- 
tr. r*-, ly. 



r^ccr-^r->c[^5cr- 



3C-T3C-T=C-T>C-T2C-r3C-r3C-r3CT0C-r 



3cr-3cr^3cr-cicr-3cr-5Cr-ccr^3Cr^ 

1-^. w. I-*". "/■. ^^. I/". ■-*■, "/". i-^. ly. ''~^, t/". I-*", '/", '-^. »/", 
-rzC'-TX'-t'X-rx.-Toc'-ryz'rt'X'Toc 



— i-T, — T. — ur, — "A, — ir. — 



zzzzzzzzzz 

I/-, — I/-, — ir. — 'y, — tr. — 



-Z. ~Z- 'ZL 'Z. 'Z. 'Z 'Z. ~Z 

<r. — ir. — >r. — 'y-. — ' 



z z z z 

— ir. — 1^, 



— 


— 


— 


— 


— 


— 


— 


— 


— 




— 


ri 


ri 


— 


— 


— 


— 


— 


— 


— 


— 


:i 


^v 


-: 


2^ 


2i 


2^ 


"y 


:^ 


:^ 


a: 


2i 


a: 


::^ 


^ 


^ 


2i 


-^ 


::^ 


:r; 


2i 


:i 


z 


Z 


z 


z 


Z 


Z 


z 


Z 


Z 


Z 


z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


Z 


rj 


r 1 


:j 


ri 


ri 


r-1 


'-J 


("1 


Z! 


i; 


ri 


c 


£ 


I^J 


1-4 


ri 


rj 


rj 


*-i 


ri 


r^i 



x. — 



nC r- 



— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


~ 


— 


- 


- 


= 


~ 


- 


- 


=. 


p 










































y: 










































-T 


-r 


-r 


-T 


-1- 


-r 


-r 


-r 


-r 


-r 


-r 


-T 


-f 


-r 


■^ 


T 


-r 


-T 


-r 


-T 


-T 


^ 


— ' 


^ 


^ 


w- 


w* 


w* 


— ' 


w' 


^ 


•^ 


^-^ 


— .^ 


'^ 


"-^ 


'^ 


;^ 


^ 


^ 


^ 


w" 


< 


<; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


<^ 


^^ 


_^ 


,^ 


_, 












_^ 


^_/ 


.^ 


^_^ 


.^ 




.^ 


_/ 


_/ 


_/ 


_/ 


,^ 


z 


Z 


Z 


z 


z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


z 


Z 


z 


z 


Z 


z 


Z 


z 


z 



< 



X 




u 


On 


Q 


, 


J^ 












U 


^ 


> 




H 


00 

3 


< 


O 


-) 


x: 


^ 


-n 


S 




U) 


-a 


u 


Q. 





x: 
O 




I 

a. 
a. 

< 








to 

I £ 

si = 


• 


from 
proposal 


1 


1/1 
i3£ 


n 
Q 


s 
< 




■3 !• 






1M 




gas 


11 

5^ 


< 



< < 



ON 



ccr^ccr^oci^ccr-ocr^ocr^oor^ocr^ccr-ccr--oot^ccr^ocr-ooi^cci^oor-sci^oci^ccr^ocr^ooi^oc 

r^ ly, r^i i/", r*-, </-, r<-, i/", r^, iTi i^Tt "Ai '^i "/"j rf, kr, r^i ir, r<-, vr, r*-, \r. r^, i/", r*-\ v, r^, w, r', ly, r", 1/", r-^, i/-, r^, iv, i~n "/"- r^j ^/*i r^". "^i r<^ 

■f3'X)"^ooTrcc'^ccrroo'rrcc'^oo'^cc-i-oc'^-co'^oO"^-cc-rrc»--too-Tccrroo'^ocTtcc-rrco^ 

O U ^ O O O O O U U L; O O L' O O O O O O O U O o L> O 'L; O U O O O L; O O U U O O 's_/ O U U 
ZZ2ZZZZZZZZZZZZZZZ2ZZZ2ZZZZZZZZZZZZZZZZZZ2Z 



r^j r*", (-*-, r^, r^j r^( p*-, r^i r*-, n-j m r^( r^, r^ r^, r*^ r*-) r^ r^j r^, r^i 



O — 



— o 



r^ f<", n~, r*^ r*% r*-i I 



z 



a: 



z 



z 



z 



a; 
z 



o- 


0- 


a- 


On 


On 


On 


0-. 


12: 


a: 


a: 


a: 


a; 


Qi 


a: 


z 


z 


z 



2 



z 




z 



z 



000 



-t — rj 

c: o O' 

rj C, r^, 

C: O O' 



[^ — 



000 



000 



< 



< 



< 


< 


< 



< 



< 


z 



z 




z 



z 


z 



z 




z 



< 



< 



< 





< 



< 



< 



z 


z 


z 



X 


c^ 


u 


o- 


c 


, 


z 










m 


u 


■5: 


> 




p 


3 


< 


? 


u 




■-I 


■0 


s 


— 


U) 


-a 


u 


_0- 



3 
•o 



p. o 



•ope 
-i P 



22 



Z 



c OS 









( 



o 



( 



r^ocr-ocr--ocr^cc 



r~~ocr^ocr~-ocr~-oc 

>y. r*-, 1/-, r^, t/-, i-r-j ly, f-*-, */-, rr-, ly, r*-, ly, r*-, ty, rf, kt, r^, >r. 

^ o '-> L/ o U O 'wJ O O O U O O ^ L> U O L> 



3cr-ocr-=c[^3cr- 



zzzzzzzzz; 



z z z z 



I-*", I/", rv-, ly-, 1-^, ly, r^, 1/-, r^, 1/-, r^, 1/-, r*", */-. r*-, i/-, r^. i/-, r*-, ly, r*-. ly, 

L> L; O o O o O O U O O '^ O L/ L' O O '.J O O O '._> 

zzzzzzzzzzzzzzzzzzzzzzzzz 



— 


■/-, — 


ir, — ir, 


■~ 




ty, 


,— 


ir. — ly, — 





— 





_ 


«v, 


— IT, — ly, , — 

— 0^0 — 


IV-, 


~~ 


V, W-, 

— — 


ir, — (T, — 

— — 


ly, — y, — ly, — 

O' — O' — O' — 


'/". 


— 


:i' 


rr-i rn r^, 


f"^, 


r^ r^-, 


:i: 


Zi 


r^, f, ri-, r^, 


r*~j 


:i 


Zl 


:i 


Zi 




Z 


z 


r*-, r^, r^, r*-, 


r^i r^i 1^ r^j 


d; !1' — !ll !!2 n; 


:i: 


:2 



C^ C O" O^ O" O" O" O" O" 

:i;:^:ii:^ 2^ c^ 2^ o^:. al 
\^ '^ '^ '^ '.^ '^ '^ '_/ '^ 

zzzzzzzzz 



3. 3- 

3- 3- 



3 



ei pi 
z z 



3 C- C- 

3 3-3 

ai ~: :£: 



< 



< 



< 






Ai CL 



td =^ 

Q 

Z 

td 
> 

< 



DC 
3 
O 



Mi 



Sf- 






35 i 









o o o 



CL C^ CL 



-C' CL 

c < 



C_ C- CL C- 

CL CL CL CL 

< < < < 



< < < < 



CL C_ CL CL C 



CL a. 

CL C- 

< < 



z z 



r^, U', "-, U-, r^, ly, r^, <A, r^, lA, r^, W, "-, V, rf, ly-, 

-r2c-Toc-T3c^cc^oc^oc-Toc-:roc 
'^ ^ L' w' O L/ O O o U L^ O O '— > 's-^ -^ 

zzzzzzzzzzzzzzzz 



IV, r*-, U-, r<-, ij^, r^, IV-. r^, l/", r^, iv". r-^, tTj r^j i**; r^, U-, r^-, ly, r*-, i/", r^, u", 

cc-rocTToc-roc-rziz-roc-foc-tx^toc-rx-ToCToc 

'^ ^ L^ '— J 's^ O '.J '^ O '^ U L^ ^ 'w' o ^ o o o o o u o 

zzzzzzzzzzzzzzzzzzzzzzz 



1-^ r^ r^i n-, 



z 



z 



r^ r^ f^ 

'w' ',-J '^ 

z z z 



z 






< 



< 



< 

o 
z 



< 



< 



o 
< 



< 



< 



< 



< 



< 

z 



< 



< 



< 



< 



a: pi 

z z 



r^ n 



< < 






■o 






o c. 

CL 






> 



.J 



n. 



Z 






< 



£^ oi Di a: a: 
O (J o o o 
2 Z Z Z Z 



a: 


ai 


e: 


Di 


oi 


Qi 


-J 


o 


o 


O 


o 


■O 


z 


Z 


Z 


z 


z 


z 



a: 
u 

z 



CJ 
Z 



^ — rj 






O O O O O' 



< < 



< < 



c- .— C- C- C- 

c~ x^ c^ c^ c 

< c < < < 



< < < 



a^ o- t^ 



a. X: c 

< c < 






( 



=c r- OC 3 

i-*"i "V. r<-, C 

-T DC t ri 

ce: ai a: a; 

O L> U 

z z z 



z z 





-t 




ri 


c; 


ri 

-1- 


-1- 


Di 


*• 


c^ 


:i: 


a; 


c£: 




z 


Z 


Z 


z 


z 


z 


Z 



a: a: 
2 Z 



OS 

o 

z 



3C cc :>c 



s: Qi ai ci 

'.J '■_; U O 



oc 

O 


oc 

0^ 


oc 

0-' 


rj 


C!i 


Bi 


ci 


Oi 


z 


-1 

z 


Z 


Z 



U 

:z 



oc 






z 

c: o 



cc: ai > ^ 



r^j 



<-^ 



O .— ■ O' 



rj r^ r) 



< < 

z z 



o 


o 


o 


o 


o 


< 


< 


< 


< 


< 


^^ 


o 


o 


u 




z 


z 


z 


z 


z 



< < 













r^ 


> 






rj 


rj 




n 
rj 




5 












r-j 


o 
X 






n 


r-j 


1-*-, 




r^J 






















-< 




















c 
c 










UJ 








r^-l 


r<--, 




y. 


r^ 


oc 


n 




oc 


U-, 


vO 


U 


r*-i 














O 




rj 


rA 


r\ 


o 


r 














r*~i 








rj 


(^A 




r-i 








O' 


O' 


O' 


O 


O 




£ 
s 


o 


O 


O 


O 


< 








r^ 


^ 


rr^ 


-y> 


^ 


^ 


m 


CQ 


O 


C J 


^. 


HI 


UJ 




t^ 


r- 


r^ 


r- 


r^ 


-r 




o 












sT. 




-r 










:£ 


r-i 






n 

O 


^ 






< 


< 


< 


< 


< 


< 


« 


< 


< 


< 


< 


i^ 


< 


■^ 


< 


^-> 


^ 


— ' 


w* 


«J 


w' 




w* 


^ 


■^ 


^ 




w' 


Q£ 


^ 


z 


Z 


Z 


Z 


z 


z 


■x 


z 


Z 


Z 


Z 


y: 


z 


Z 


o 


~ 


— 


— 


— 


O' 


w 


o 


— 


— 


— 


— ' 


-r 


CA 


— 
























































;^ 





( 






X 


ON 
ON 


u 


ON 


9 


, 


E 


1-- 
> 




CO 


W 


■? 


> 


3 


< 


s 


.^ 


J 


S 


■n 


S 


n 


U) 


■o 


u 


a. 
— 1 



5 




"3 

> 

o 
a. 


11 


Text differs 

from 

proposal 


3 

w 


« 


c 

< 


re I 

a. Z 








f 1 

il 

a; *■ 


< 



li: 


a: 


q: 


OL 


Oi 


ce: 


^j 


o 


■-J 


o 


^ 


-; 


^ 


Z 


^. 


^ 


-i 


^ 



r4 






■nO 


— o- 


Z 


z 


z Z 


z 


z z 


o 


■sC' 


-f — 


-t 


-r — 


r^ 


(-<■. 


r*^ r*-i 


r^. 


r^j !-<■, 






< < < < < 



^ Q. 

o < 



— U "_1 OJ "JO 

■■^ C' — a- ^ — c. 3i c. c. 

o<o<< o<o<< 






OO OC OC 



a: 
z 



z 



a; 



z z 



z z 



~t ca 



z z 



a: 
z 






Qi a: q: 



z z z z 



o o o 





-r 
o 


o 


ri 

o 


r-1 


















e 


o 








3 


r_4 


^r, 


ri 


O 


ir. 








ri 


r^ 


r-i 


r-i 


rj 


rj 


— 


rr 


"/-, 


^ 


r- 


r^ 


r-1 


c 


cc 




E 


— 


— 


— 


— 


— 


— 


— 


— 


Z 


— 


< 


< 


< 


< 


< 


< 


^ 


< 


< 


< 


< 


< 


< 




< 


U 
c/5 


Vi 


< 


< 


< 


< 


< 


< 


< 


< 


o 
< 


< 


z 


z 


z 


z 


o 
z 


Z 


z 


Z 


z 


z 


z 


z 


Z 


Z 




z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


~ 


~ 


— 


— 


— 


^ 


~ 


— 


~ 


~ 


— 


~ 


~ 


u 


— 


ri 


ri 


r\ 


ri 


r I 


r 1 





rl 


rl 


rl 



•a 



a. 






£ _ 

"Si 5 

!= E S 

•o c c. 



O 
Z 

> _ 

< s 

^ - 






— ^ 



a: S 



< 



:i: :i: ai 



OS 
u 

z 



ai 


a; 


□i 


a; 


oi 


ai 


ai 


as 


:i: 


^ 




z 


z 


z 


— > 

z 


Z 


Z 


Z 


2 


z 


-r 


-r 


-r 


-r 


-r 


-r 


-r 


-r 


-r 


■^ 


2 


r' 


::■ 


2 


:; 


Zi 


r^i 


i 


r^-i 


r*^ 



3- O- O- 



?! 



3- 3- ^ g^ 
rj r~i fN fN 



C' c o o o 



2 

Q. 



< < 



< 

Z 



_ < 



CL CL CL C- C^ C- 

CL C- CL C C- c^ 

<<<<<< 



< 
z 






< 



■OsO — — — — — — — — — — — ___ ^ ^ ^ ^ ^ 

O O O L^ — ' '-^ '— ' '-w' O '— ^ "w- L; L; L^ U L> '-; '— ' — ' "w/ L' 

zzzzzzzzzzzzz zzz z z z z z 

Z- — ------ — — --^'Z-- — z-z — z-z — z- 



= z 



< 
z 



iL < < 



2; ^ ^ ON 



C: O O O 

cQ m cc 



o o o o 



o o 

r-\ r-\ rN 

o o o 






< 






<<<<<<< 



::c 2S: :c CS] CQ CD 



< < 



O-' !^ O-- O' ^ O' O^C^O"^ 



<<<<<< 



< 






> 



00 



< _ 

3 -a 



o 












s 

as 

■o 

§ 

a. 

CL 

< 










Text differs 

from 

proposal 








s 




n 


c 
--• 


















P 




l.l 

< 



Z 



Z 



Di 


q: 


a: 


o 


o 


o 


^ 


^ 


z 



u 
z 



OCOOOO 0O000C0C3O 



(^J oj rN r^ r-l ri 
rvi rsl r.) r^l rj rj 



rj — ^ 
O — fN 



rs] r-I rj 



C~ C~ C^ C~ 



< < < 



< < < < 



z < 



a. 
< 






z 



a; 
z 



< -■ ^' ^' 



z z 

•3- O- 

< - — 



< - 
z -■ 



a; 

z 

< - 

z — 



— 'O 

z z 

o — 









z 



z z z 



z z z z 



— — — 3C 



< 
z 



cj: a: Di q: a: a: 
o o o o o u 
z z z z z z 



3C C- O 



a: :e: 2i a: 
z z z z 



< 
z 



- < — 

2 z - 



3C — — — 



a; a: ai ai 






O O' o 



r^, f^j r*-i r^, 

O O O O' 



< < < 



C2 


o 


CD 


CD 

o 


CD 
o 


< 


< 


< 


O 
< 


< 


z 


z 


z 


Z 


Z 



< < 



m 


CD 


m 


CQ 


CO 


CD 


CD 


m 


m 


en 


CD 


CD 


CD 


CD 


CD 


rA 


Ov 


r> 


o- 


0-. 


a^ 


o~ 


ON 




t> 


t> 


o- 


o- 


o-. 


0^ 


0^ 


a- 






o 


o 


o 


o 


o 


o 








o 


o 


O 


^ 


o 


^ J 


U 


o 


o 


O 


O 


Cj 


O 


Cj 


o 


O 


; 1 


; 1 


C; 


(J 


iJ 


< 


< 


< 


<■ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 




o 


o 


O 


o 


o 


o 


^ 


o 


^ 


■^ 


o 


^ 


O 


O 


^ 


z 


^ 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 



a. 



!=o 






c 
z 

> _ 

< £ 
^ -a 



S -3 



?.= 



( 



Z 



a: 
z 



3C OC 


3C oc ac 


oc 


an 




cr o^ 5^ 


OS 


OS 










O 00 


O CC OS 


OS 


ON 


rj — 









c a. CL 

C C CL 
< < < 



< < < 

2 Z Z 



-C c 

Z < 



o < c o c 






( 



< 

z 



z z z z z 

c- :^ c- — c^ 

z--:2Zj2zzz 





so 




r1 


i-j 




q; 


' C^ 


:v; 


:^ 




u 

2 






Z 


< 


00 

o 


o 


-r 


-r 


z 


rj 


r--! 


n 


ri 


— 


^ 


— 


— 






2: =; ~: a: 



— — r-j 



z z z z 



< 
z 



< < 
z z 



< 
z 



z z 



z 


2 


z 








z 




■3 


Z 


Z 


z 


z 


z 


z 


-T 


— 


-f 








TT 




-f 


-t 


-T 


c: 


c: 





— 




— 


< 


<• 


<" 


"■ 


<■ 





~" 


— 


— 




— 


"~ 






























— 




— 


z 


z 


z 




z 




— 


— 


— 


— 


— 


— 




ZC 














-r 


_ 


^ 




rj 




— 




— 


~ 




— 




— 


^ 




^ 


. . 


_ 


_ 


_ 






























































































^; 








u: 


"T 1 


UJ 




.;; 


'-' 


'^ 


'"- 


i:;^ 


■^ 


•^ 


r> 


0-- 




OS 


OS 


OS 


OS 


O' 





r~~ 


r^ 


r~- 


r^ 


r^ 


r- 























C' 


■— 


~ 








^J 


^ 





u 


u 


; ; 


wl 


-— ' 


^ 


^ 


^ 


■^ 





U 





< 


< 


< 


< 


< 


< 


< 


< 


u 


< 


< 


< 


< 


< 


< 


~J 


^ 


—' 


___, 


^ 


w* 


^ 


sj 


"■ 


^ 


^ 


-^ 


^-^ 


^ 


^ 


^ 


z 


z 


z 


z 


z 


z 


z 


ii 


Z 


z 


Z 


z 


z 


Z 



i 



Q 
Z 



> 
-J 



o 



^ "2 



1- 

5 




s 

1 

a. 
a. 
< 


to 

go 


Text differs 

from 

proposal 






s 
« 

OS 

a: 


o 








II 


is 

z: 


1. c 






1.1 



00 00 30 00 
a> ^ C^ ff^ 

S ^ 5^ 5^ 



C 



j:: X x: x: ^ 

,-^ ^ ^ ,-s ,**, 
'W W W ^«' "w* 



r- 

^ 



c/^ y: v: oD ijO 



f~J 


rj 


r^ 


f-j 


rj 


r-l 


^ 


[^ 


^ 


-c 


sO 


vO 


sO 


sD 


^ 


^ 


^ 


^ 


r-l 


n 


•o 


<:■ 


^ 


sC 


o 


^c 






















































a: 


:ii 


f^ 


^ 


ai 


:i 


ii 


OL 


ai 


aL 


ci 


ai 


c: 


ai 


ai 


ai 


2^ 


ct: 


ai 


ai 


ai 


q: 


Ci 


a: 


ai 


^ 












^ 








o 


O 


o 


^ 


■o 


^ 


^ 


v_^ 


■^ 


u 


o 


^^ 


^^ 


O 


o 


w^ 


w^ 


^ 


z. 


z 


Z. 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


Z 


z 


Z 


z 


Z 


z 


z 


Z 


Z 


Z 


z 


Z 


z 


z 


z 


-J- 


-T 


-T 


^ 


•rr 


-T 


o- 


oc 


G- 


0-. 


a^ 


o 


o^ 


o- 


^ 


o- 


O- 


o- 


oc 


2C 


a- 


O-' 


o 


o 


o- 


c 


^-1 


rj 


rs 


r^ 


rM 


rj 


X' 


04 


::■ 


2 


:2 


::■ 


2 


2 


^ 


:2 


:2 


— 


rj 


n 


r^. 


[2 


X' 


2 


_; 


_' 



c 




o 


u 




z 


en 


oo 


E 


— 


E 


r^ 






U 








o o o o w 



O O L^ o O O X O o O '-u '_> 'w' 'o O O L; O — ' O — ' O U ^ L^ O '— ' '^ '■_' 
ZZ22ZZ ocZZZZZZZZZZZZZZZZZZZZZZ 

— "■"■""": =~^~"""~""~~~:""""~'~"'~"~ — "-■"""""■"""" 

— — — — — — '^ r^. r-i r^i rr-, ri~i r^, t-'t rn r^, r^. i^i r^i i~^, f^, r\ r) r^, (-<-, r^, r^, r^, r^. 

— — — — — — ^_.^, — — — , — , — — — — — — — — — — — — — — — — 

U 
C-? C!^' 3 *£.' ^ "^ s. f-^. ^ r-i •r. 'C' r~i~ X c — ^ t !^ ®*^ ''' CI.' !It — '^^ !Z? "^ !C' ^ 

r^, r^, r^> r^; r^, rr-, _ — ~1 ir, i7, »?^ U", iT) i7^, sO ^ "O r^ O^ C — — •? ^ "t "f T T 

— — — — — —COOOOOOOOOOOO'O — — — — — — — — — 

^C::!^^'^^ ^oc^ooooO'w'Ooooooooo ooooc: 

wOwwOw jj— — — — — — — — — — — — — — — — — — — — — — 

<<<<<<M<<<<<<<<<<<<<<<<<<<<<< 

^ U '^ O U L; V ^ '^ ^ '-^ '-^ ^ '^ ■'— ^ ^ '— ^ '^ '^ O L; O U U O O O O ^ 
ZZZZZZSrZZZZZZZZZZZZZZZZZZZZZZ 

ri r-l rj ri ri ri 'u rj ri ri ri ri '^i n r \ r i r i r\ r-\ r \ n n rj n n ri ri ri n 

— — — — — — 4^ — — — — — — , — , — — — — — — — — — — _ — — — — 

CO 



y 


5^ 


bJ 


o^ 


e 


, 


T, 


r^ 




^ 






u 


•> 


> 




F- 


3 


< 


C^ 


U 


-C 


Li 


■n 


% 




^ 


-a 


U 


_Q. 



5 


"3 
a: 

■a 

a. 
c 
< 




Text differs 

from 

proposal 


a 














1 = 



u 
z 



< 



OC 00 oc oo 



ZZZ22ZZZ 



m r^ m r<^ 



oc oc oo oc 



< < 



00 
so 



^ :/; ^ ^ — v^ 



Z Z 

oc oc 

o o 



O vo "O ^D 



22 a; 

z z 






z z z 






O ^ ■sC 



z 

^ _ 



— 


— 


— 


— 


— 


— 


— 


— 


— 


.— 


oi 


ei 


ci 


Qi 


C^ 


a: 


:i; 


^ 


^ 


m 


u 


o 


■o 


L-) 


w* 


—J 


■^ 


o 


■^ 


c 


Z 


Z 


^ 


^ 


^ 


4f- 


z. 


^ 


z. 


F 


r*^ 


r<-, 


r'-x 


r^ 


r-i 


r>] 


o\ 


r-1 


r-j 




O 


O 






q 


o 


o 






o 



ai a: 2i 



<~l ri 

a: ~: 
z z 



— _ — -a 



4, — 



r^ r^-1 r^ 












E - 
>> o 

o — 



— r] — 



- < 






— rsl o^ f-^, 

O O Cj o 



JO _i^ 



< < 
z z 



U O O O Cj O L^ 

<<<<<<< 



o 


o 




U 


O 


o 


;; 


CJ 


^ 


o 


iJ 


< 


< 


o 


< 


< 


< 


< 


< 


< 


< 


< 


o 


o 


O 


o 


^ 


o 


o 


o 


^^ 


o 


z 


z 


n 


Z 


z 


^ 


2 


^ 


z 


z 


z 






X 


ON 


u 


ON 


Q 


, 


Y 


r- 










U 


'^ 


> 




H 


CO 

3 


-<f 


O 



-J 
u 



-a 

Q- 











o 


6/ 

3 

OS 

1 

o 

a. 

D. 

< 






Text differs 

from 

proposal 


3 
« 

W 






■5 u 




It 




I'l 

= 5 

« - 


1 = 

e .-= 



2=: 
z 



a: a: :r: 
O O U 
z z z 



2: ai 
2 Z 



Z Z 



z z 



2: 
z 



z 



a: 2i 
2 Z 



00 CO 00 



00 00 oc 00 



C^ CL C- CL CL 
CL CL CL C- CL 

< < < < < 



CL CL CL 



CLC-C-C-C-C-CCLCLC- 
C-C-CLO.CLC-C_CLC^£L 
<<<<<<<<<< 



C^ CL C> C CL C_ 
^^ Z^ C^ ^^ z:- C^ 
<<<<<< 



ON 



»0 '-O vo 

ci ts: cs: 

L^ O O 

z z z 



z z z 



000 



pi 
z 



NO \o ^ ^ 

Di (i: a: oi 

O O U o 

z z z z 



02 

o 
z 



a: 
z 



C O O' 



oc oc oc ^c 



ri (N rv) r-4 (^j 



^C nC nC ^C ^ 



sC sD -JD ^ 



z z 



Z 2 Z Z 



ai 
Z 



pi 

z 



z z 



a: 


o: 


a: 


ce: 


a: 


ai 


ai 


ai 


^ 





^^ 





■.J 


■^ 


^ 


^ 


2 


2 


2 


2 


2 


2 


2 


2 


r^i 


r*-i 


r*", 


r*-i 


r^. 


r--, 


r*-, 


r^, 



000 



r) •- — TT 
o .i o o 
t^ ^^ — — 



o- o — 






< < < < 

O O O Lj 

z z z z 




< 


^ 


^ 



< 


j: 
•a 



< 



< 


< 



< 



< 



< 



< 


z 




z 




z 





Z 


z 


z 




z 


z 




z 




z 



< < 



o 
< 



< 



< < < 



■o o o u u 



XI 




bi 


o 


Q 


. 


T 


r- 










te; 


^ 


> 


<- 


f- 


H) 


< 


o 


u 




;j 


-n 


S 


re 


Lj 


■a 


U 


ID 



= t o 
■a c o. 



K -3 



( 



OC =C 3C 2C =C 



^ a: £^ pi pc; 

O O O L^ o 

z 2: z z z 









u 








^ 


z 


^ 


z 


^ 



z z 



r^ r<-, «-*-, 



r-i r^ fN rj 



> > > > > 

c. E- c. c. c. 

C C- E- CL CL 

< < < < < 



o- c- cr c^ 



rj rj rj rj (-Ni rj n r-j 



< < 



C- C- C- C^ C- 
C- C- Cl C- CL 

< < < < < 



1^ 



( 



<. <l -z. 



^ — Z^ Z£. — ^ ^ — ^ 

LJ O O O 'w- '^ ^ ^ '_^ 

zz zzzzzzz 

^oc ccoeacococococ 



2: a: Di 2: 2i 2: o: 

U O C^ '^ ^ "w^ o 

zzzzzzz 



Z ;i. 



ic: 2i Si 



7^ r^ . 

O O L^ L- 

z z z z 

r^< r^, r*-, r', 



(J 


i;; 





< 


<■ 


< 








^ 


^ 


xi 


z 



O 

a 

< 

o 

CQ 
c« 

H 



Cu 



U 



o — <o 



U O L/ U O O 

z z z z z z 

OS a-. C" c^ c^ o^ 



z z 



< 

z 



< 

z 



c 
a: 
•< 
C 

CQ 
-J 

< 

U 

5 



ri 


ri 


r J 


ri 


i-A 


r 1 


n 


ri 


— 


rj 


r-, 


^ 


ly. 


^ 


r- 


3C 



2 2 2 



< < 



< 



< 



< 



z z z z 



2 z. z z^ 



3 
OS 



a. 
o. 






= i; 



= E S 

■ope. 



CO 



o 
z 

> _ 

< £ 






Qi a: Bi a: Qi 
L> O '.J O U 
Z Z 2 Z Z 



Ci: Ql Qi 

u u o 
z z z 



o; ci: Di oi 

o O U O 



ai a:: 

z z 






cc oc oc oc 

Di oi a: q; 

O O O U 

z z z z 

r- r^ r- r— 

rn --^^ ^. r^, 



oo oo oc oc oo 



< < 



< < 



< < < 



C CL 
< < 



< < 



< < < < 



O' o o 



Qn Q\ ^ 0^ Ov CT" 0~ O^ 



z 



a: 
z 



(^ 


r^ 


r^ 


o 


o 


o 


o 


o 


o 


o 




a: 


a: 


^ 


a: 


Qi 


a: 


rv" 


oi 


oi 


a: 


Et: 


z 


z 


Z 


z 


o 
z 


z 


z 


z 


■J 
Z 


z 


Z 



z z 



z 



z z 



00 OO OC 3C 






0^ ai 
Z Z 



a: ct: :«: a: 
'-_J o o o 
z z z z 



'-J O O O L^ ^ O Lj O O '— J 

zzzzzzzzzzz 



a: a: ci a: 



oi a; ai ai ai 



z z z 



a- 


o- 


Cr 


C^ 


0^ 


OO 


oc 


oc 


oc 


CO 


oc 


oc 


oc 


OO 


oc 


oc 


oc 


oc 


oc 


cc 


oc 


oc 


oc 


oc 


oc 


■o- 


0^ 


O- 


■C 


n 


rj 


rj 


r\ 


i"l 


- 


— 


- 


- 


- 


=^ 


~ 


~ 


- 


- 


— 


- 


- 


— 


- 


- 


- 


— 


— 


— 


rj 


ri 


D 


ri 


S 


§ 


- 


r\ 


'/"- 


^ 


rj 


2 


2 


o 


o 


£ 


6 


s 


— 


rt 


^' 


-i- 


!i: 


■^ 


r- 


oc 


o- 


rN 


rx 


^ 


o 


g 


^ 









2 5 2 



^ w w C 



C 



c o 



-^ r^ --^ 



r^ oj rj 



< < 



< < < 



< 



< < 



O O i^ ^ 



^ 'O 'O ^ 



Cj 




Lj 


o 


o 




u 


u 


< 


< 


< 


< 


< 


< 


< 


< 


-• 


^ 


o 


'-" 


•~J 


'U 


'U 


~J 



< < 



z z z 



< 






■O p C 

— i c 
« 1- 



a 
z 

> _ 

< £ 

J -£ 

S -a 






•If 



± a- 



?.i 



o 


O 


2 


O 


O 


o 


a: 

o 


Z 




Z 


z 


a: 
z 


'^ 


-r 


-t 


-r 


■^ 


tT 


r<-i 


m 


rn 


r*"i 


Z: 


r*-i 



a: a: Di 
O L/ ^ 
2 Z Z 



a: =:: ai :i: fi: ai pi 
L' O ^ -^ O O 'w* 
2 Z Z Z Z Z Z 



a: 
z 



a: 
z 



z 



oc oo oc 



< < 






o- r- 






'_^ '-^ '^ '— ^ O '^ 'w' '_^ O '^ '— ' '^ O 'w* 'wJ ^ 

zzzzzzzzzzzzzzzz 

OOOOOOOO'OOOOOOOO 



O" O^ C O^ O^' O"' C^ Q^ O" ^ Q^ O^ O" ^ O"' Q" c^ ^ 1^ 

r: r- ::■ ::' :; ::: 2 :: r: 2 :2 :2 2 2 :2 ::■ 2 c: Q 

£i2£a;a:a:ci:ciai2;2i:i:ai2iC£:a;a;Dia:os 
L> '— ' O ^ '.^ ^ '^ '.^ '^ '_^ o O L; U '^ L^ O '^ ^ 
ZZZZZZZZZZZZZZZZZZq 

DC:CSC3C»C:>C3C3C=C3C3C0C3C3C3C0C>C3Cqq 

— rj r^i ;^ '^, ^ [^ oc 2 — — '~j ^, -r 'V-, ^ r- oc tiJ 

_ w _ _ _ _ w = w _ O _ = w = O w _ ^ 

V. V: ■r. .y. ■J'. ■J'. ■J'. -J-. ■^. \r. -^^ \r. ■J'. -J-. -J-. ■^. '^. -j^. ^^ 

<^j f~] f^l ri (^1 r~i (*.i rj r4 (^4 c^j r-\ rj rj rj rj rj rj ^ 

^, ^, ^, ^, ^, ^, ^, ^, ^, ^. ^, ^, ^, ^, ^, ^, ^, ^, QJ 

^ o ^ O O '^ O O O O U L^ U O U o O L; -^ 

'._; O O w' O '— ' ^ ',j ^ U O '^ U o O O O O u- 

zzzzzzzzzzzzzzzzzzg 

r-1 rj ri ri r] rj r-j rj r\ n r-i ri ri ri (~] ri ri n O 



z 


H 

U 
D. 

i -^' 

O g 

OS ; 

O S 

o - 



- s -I 



I- > — 



5 u 



u/5 a: — — 



s s 

o o 



o 

< 

O 

OS 



CA2 



( 



X 


ON 

ON 


u 


ON 


a 


, 


T 


1^ 








M 


U 


^ 


> 


<r 


H 


3 


<: 


R 


.] 


^ 


3 


-n 


%. 

p 


a; 
-o 


u 


D. 

3 



5 








3 

■o 

> 

o 

B. 
O. 
< 






Text differs 

from 

proposal 


V5 

S 






w 
2C 








-Si £ 
o t- 
2 


>> 




Si'- 









cr: a: 



a: 



u 
z 



CO 


on 


oo 


oc 


oc 


Of) 


ON 


ON 


Cv 


ON 


rr 


o 


cr 


























r^ 


a- 


o^ 




1^ 


9C 


ir. 










































r*"i 


rj 




-t 


' — 




— 


— 


O' 


« 


O 


o 



o < < 



a j:" !d' !c' & 
y: O O O < 



1^ 






OS 

O 

z 



z 



a: 
Z 



t/5 



r- r- .c 

rj o- -r 

1^. r^ ri 

ei ai a: 

U O O 

z z z 

t^ C- rl 



oc 

-t [^ 

oc r) 

a: a: 

z z 



z 



rj 



Z 



rj 



'--^ 
z 

IV, 

a 

Of 
C' CO 



O 

z 



ci: a: q: Qi 



z 



Z 



o 
z 



z z 



z z 



o 
o 

< 
o 



— — ^ 



1Z3 



o 



u 
< 

^ - - - 

Oi z z z 

< _ _ _ 

^ o] f-4 r^ 



NO NO vO ND ^ 



< < < < < 



^ isD 'O 



< < < 

o u u 

z z z 

ri r4 f^j 



< 



< < 



u 


o 


V ; 


<■ 


<■ 


<■ 


o 


o 


o 


z 


z 


z 



< < < < 



r-J r-l rN (N »^4 



X 


ON 


U 


o^ 


Q 


, 


r, 






-> 






UJ 


^ 


> 




H 


op 


< 


H 


nJ 


-C 


Ui 


■n 


s 


i; 


D 


-a 


u 





o 


— 

"5 
a£ 
■o 

> 

£ 

o. 

< 












Text differs 

from 

proposal 


s 

M 


Q 


c 












C 

2: 


4.1 






a: a. 




? .s 

c .t: 



C> ON 
— [^ 

a: oi 
u u 
z z 



z 



{ 



^- Vi 



«3^ 


a: 


a: 


a; 


U 





U 


^' 


z 


Z 


Z 


Z 



CT> 


ON 


ON r~- 1^ 





0^. r- c^ r- 


^ 


^ 


— rN ri 


^ 


— rj — ^ rN 



U w o ^-' '^ ^ 

fc- 0/ a3 '- ^ "- 

Q. ■" JD Q. .o n_ 

< o c < c < 



O < O < 






( 






z z z 



ON 



a: 
o 



a: 
U 
z 



a: 



c ; 





C; 





C J 


<■ 


<■ 


<■ 


<■ 


<■ 


vj 


I.J 











Z 


z 


Z 


z 


z 



[1. 

o 

U 
Z 

i 

< 

-y. 

o 

H 
< 

z: 

O 
u 

u 
-J 
:a£ 
z 

a. 

Of 



>- ;< U 

TD ^ ^ 

- - H 

■3 3 u 



o 

z 



On ON ON On G^ O^ 



000 



QL OL C^ C^ 



-z. :zL 'z. 



\J ^ •-> 



a: 
z 






z 






n r.i r^ 



(N ^^] rj (N 



— — o 






c; 


CJ 


c; 


CJ 








<r 


<• 


<f 


<■ 


<■ 


< 


<' 











lj 











z 


z 


z 


z 


z 


z 


z 



, , , _ cara— 

ri r-\ n n r-j n ri ZZ^ r-i 

a. 



_____—. <^ 



Q 


r-Nj 


(N 


(N 










Qi 








< 

















oa 


— 


r) 


rn 










> 


■0 


■^ 


^O 








n 















'i- 


V, 


'/-, 


ir, 


^ 














< 


<■ 


<■ 


£ 








U 


U 


Z 


^ 


^ 


> 








r-J 


rs 


r^i 


a. 









( 





Ov 


>«" 


Ov 


u 


O^ 


Q 


, 


T, 


1-- 


NN 


w 


UJ 


2 






OX) 

3 

o 
















_4; 

> 

o 

o. 
a. 
< 








•4 


Text differs 

from 

proposal 


3 

OS 




c 




o 


I- <u 


11 








u 
z 



a: 
z. 



a: 
z 






QL c^ ciL a: 



coo 



OS 

Z 



DC as Di 

O O O 

z z z 

</-, tr. ir, «Y", ir, 



OS 


Qi 


q: 


q; 


~^ 


O 


o 


w/ 


Z 


z 


z 


z 









o o o 



ri r-i n n 



o u u 
< < < 

o o u 



r4 rv| r^ 



< 



< 



u o o -^ 



O 'wJ O '^ 



< 


< 


< 


< 


z 


z 


z 


z 



< < < < 



< 



<~J r^ r^ f^i r-\ 



oj r^ r^ r-l (~-l 



X 


~. 


u 


o^ 


Q 


, 


y 


i-~- 




^ 






w 


■? 


> 

1- 


CO 

3 


< 




-J 











^ o c. 



.2 lU 
Z 



a: 



a. 
o. 



K 



\0 



< 



a: 

'-J 
z 



q:: Di a: 
■Lj O o 
z z z 



a: 2; 
z z 



z z 



ei pi q: ci cs: 2i 
O '— ^ '— ^ '-^ O '_> 
z z z z z z 






a; c 

















_ 


u 
















**> 


/ 






















































*" 
















cc 


rr^ 
















u 


















z 


















00 






















oc 


oc 


oc 


OC 


oc 


00 


oc 


♦^ 




















I-*-, 


rr-. 


r^. 


^^. 


r^j 


r*"( 




^ 




a; 


^ 


2; 


ZiL 


C^ 


:i: 


2; 







^ 


^ 


^ 


■U 


■«-' 





^ 






z 


z 


Z 


Z 


z 


-d 


z 







o 

(S 

OS 
U 

















7 



































_ 


ri 


"", 


-T 


i-r. 


^ 


r^ 


H 
















< 


00 


CO 


CO 


OC 


00 


OC 


00 


ri 


r) 


rj 


1~i 


f^4 


rj 


r-i 


U 


-t 


-t 


-t 


•t 


-t 


T 


T 


Q 


'/"i 


ir, 


'/-, 


T. 


^r. 


ij', 


"/-, 




U 




'u 










U 


< 


< 


< 


< 


<;; 


< 


< 


U 








■■>J 


^ 


■-^ 





u 


:^ 


Z 


Z 


z 


-^ 


Z 


z 


-J 
















n 


r 1 


--i 


'" ' 


(~ 1 


r-i 


^' 


ri 


Z, 






\D ■C3 ^C' O 



\0 ^ ^ ^ 



u o 



< < 



z z 



c 














t; 





w 


C J 





< 


< 


< 


< 


< 





i; 


^J 


1.J 





z 


z 


z 


z 


z 






< 



z z 



< < 
z z 



< < 
z z 





r> 


X 


(y- 


u 


o- 


Q 


. 


T. 


1-- 




< 




« 


u 


2 



< £ 





O 




"3 
■o 

> 

£ 

Q. 

a. 
< 


11 




Text differs 

from 

proposal 


9 

55 


Oil 

n 












o 




P 


Of ^- 

3d ^ 

c u 
= a- 

il 


II 



0< 

(J 



a; 
u 



2 



^ 






< 
2 



< 



< 



O O 
2 Z 



Z Z 2 



Z 2 



2 Z 



z z 



ac ai Ci 

O U O 

z z z 



a: ai ai 



OO 


OO 


OS 


oc 


X 


oc 


OO 


OO 


00 


c^ 


00 


OO 


00 


0- 


OO 


oc 


■3^ 


oc 


o 


cc 


oc 


00 


CO 


oc 


oc 


oc 


Z: 


:: 


r-\ 


Zl 


2 


::: 


2' 


'~n 


i 


r-i 


:r 


Z: 


2 


rj 


Zi 


::: 


ri 


f-n 


r^i 


:^ 


::2 


r^ 


r^ 


r^ 


i-n 


1^ 



ai 
O 
Z 



ac: 

z 



ai 
'-J 
Z 



o 


_ 






o 


o 


cs 




Di 


o; 


u 


o 


z 


z 


cs 


fS 


<s 




<N 


(N 



— rj rr-, 



o 


o 


o 


o 


o 


= 


o 


o 


o 


o 


o 


o 


o 


o 


U 

so 

o 


O 
o 


O 

O 


3 


^ 


i 


3 


Q 

O 




o 


3 








< 


< 


< 


< 


< 


< 


< 


< 


^ 


< 


< 


< 


< 


^ 


Z 


Z 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 


Z 



O O O O' O O O O O O O; O O O; O 






O c:' O O 



C; 


C J 


O 


; J 


C J 


C; 


c ; 


C; 


sJ 


C; 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


w 


'O 


^J 


■^ J 


u 


o 


o 


■^.^ 


■^ 


■o 


2 


2 


2 


2 


2 


2 


2 


2 


2 


2 



^ sC o 



^ \D -O 



^ -c o 



^ ,c c 



Q 
Z 

ui 
> _ 

< £ 
^ '9, 

r 1 Q- 



D 



L. 










•^ 








C£ 


■a 


<L» 




o 


L. 


c 


a. 


< 


?*v 






V = 














isl 


■3 C C 


:;-£ 


u O. 


r" 




0.1 








n 




O 


3 




1 


























C£ 




C£ 


c 




















c 




< 






S o 


•£ z 


b« 


© 








z 




u 




!>. ;,< 




£-5 


E=: 


^ 




M i» 


C Bt 






re -a 


B t 


I % 




as - 


1^ 




3 . 


^ C 








c -t: 


Si- 


<• 



( 



r- 


X 


5C 


X 


3C 


=C 


oc 


X 


3C 


oc 


X 


X 


3C 




















i"*"i 


rf, 






oo 


— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


— 


::r: 


^ 


a: 


C^ 


C^ 


q:: 


^ 


Qi 


Cii 


:ii 


ct 


:^ 


cc: 








o 


w 


o 


^ 




O 




'^ 




o 


^ 


Z 


Z 


^ 


;^ 


^ 


z 


^ 


^. 


^ 


^ 


^ 


-i 


C: 


r^ 


r- 


r- 


r- 


r- 


r~- 


r-- 


r^ 


i^ 


r- 


r- 


r- 


Z: 


Z: 


^ 


f-^i 


r*-i 


rn 


rn 


^ 


m 


r'". 


^ 


:2 


"-1 



ooooccooococococ^ooo 



< 



< < 

Z 2 



< < < 



< < < < 

Z Z Z Z 



c^ c- c 

C_ CI. c 

< < < 



90 



i 



< < 
Z Z 



< < < 

z z z 



< < < < 

z z z z 



o O' o 



< < < 

z z z 



o 
- < 



< 

z 











a- 


0^ 






S 


c- 


S 


s 


'5 


o~ 










ci 


ai 


q; 


a: 


a: 


ci; 


Cli 


si 


Qi 


Di 


c^ 


^ 








Z 


Z 


z 


-1 
z 


z 


z 




Z 


z 


z 


Z 


Z 


<»■ 


<r 


-r 


oc 


oo 


oc 


oc 


oc 


X 


oc 


oc 


oc 


oc 


oc 


GC 


z 


z 


z 


_; 


; 


_J 


_' 


^ 


_: 


! 


^' 


: 


; 


_; 


_' 



< < < < 
z z z z 



<<<<<<< 

Z Z Z 2 Z Z Z 







C/2 


< 

Z 




< 
z 


< 
z 


< 
z 


< 
Z 


< 
z 


< 
z 


< 
Z 


< 

2 


< 
Z 


< 
z 


< 
2 


< 
Z 


< 
Z 


< 
2 


< 
2 


< 
2 


< 
2 


< 

2 


< 
2 


< 
2 


< 

2 


< 
2 


< 
Z 


< 
Z 


2; 


:=; 


o 


^ 




r 


rj 


-. 


•^ 


i 


oc 


2 


E 


— 


ri 


— 


-T 


rj 


•X 


«^. 


§ 


r- 


= 


(-J 


§ 


oc 


2 


£ 


z; 


O 


p 


[t1 


— 




o 


O 


o 


~ 


— 


o 


o 


o 


o 


C 


o 





— 


~ 


^ 


c; 


— 





^ 





:^ 


— 





— 


~ 


:x 


f- 


< 




Lj 


~ 


EE 


:^ 


2: 


:r 


c^ 


c: 


2; 


2; 


2: 


ry^ 


:r 


2: 


:r: 


^ 


2; 


2: 


-^ 


:2 


r: 


c^ 


^ 


2; 






< 


"V-, 


3 


5 


C^' 


CZ' 


!X' 


i)ij 


r*-, 


f^ 


o 


(^1 


C 








^ 


2: 


^ 


c 


^ 


^ 


^ 


TJ- 





•^ 


■^ 


^ 


< 


< 


in 


^ 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 



< 


< 


< 



< 



< 


< 



< 



< 



< 



< 



< 



< 


< 




^ 


^ 


^ 


<1 


o 


O 


o 


o 


^ 


^ 


■^j 


\.J 


^ 


^.J 


\J 


^ 





^ 





^-' 


vJ 


-J 


-J 














^ 


z 


z 


_i 


z 


u 


z 


z 


Z 


z 


z 


z 


z 


2 


z 


2 


z 


2 


2 


2 


2 


2 


2 


2 


2 


2 


Z 


z 


z 


2 


>c 


s^. 


<r 





^ 


i^ 


t^ 


r^ 


t^ 


t^ 


r- 


r^ 


r^ 


I^ 


r^ 


r^ 


(^ 


r^ 


r^ 


[^ 


[^ 


r- 


[^ 


r~ 


(^ 


f^ 


r^ 


r^ 


i^ 








r 1 


a: 



















































( 



X 




u 


a- 


o 


, 


z 


> 




03 


u 


■^ 






< 


P 


U 


SZ 


l:) 


•n 


S 




U) 


-o 


U 


O. 






£ n 

•= S S 

— i o 

*< i; 

u a. 

H 



W "3 
= ^ 



a: = 



a: cs; 
z z 



oc oo ao 00 oc 

r^, rn r*-| r^ r*-, 

ce: a: Qi cr: a: 

o o o o o 

z z z z z 



z 



ooooocooooocoooooooooooooooooooo 

0\ o^ o^ O* O^ O^ O^ O^ O^ O" O" O" ^> O" O^ O"' 



(N (N rN 



C- c- 

< < 



< < 



c^ c~ c- 

c:~ C^ C~ 

< < < 



< < 



0^ 
1^ 



< 
z 



< 5: 

z So 



UJ 


LU 


LU 


LU 


LU 


UJ 


LU 


UJ 


UJ 


uu 


LU 


tu 


u; 


UJ 


l/^ 


lA 


iT 


V" 


i/; 


i/^ 


:/; 


V! 


(/■• 


in 


or 


iT 


(A. 


y 






























y: 


;/: 


y; 


;/: 


:/: 


;/: 


c/: 


y: 


v: 


y^ 


y^ 


y: 


yi 


y: 



< 
z 



:z z. z 



z z 



Qi 


a: 


Qi 


a; 


z 


z 


z 


z 



z z 






^ 


o 


sT' 


On 


OS 


O- 


•* 


■^ 


^ 


Ci 


Qi 


a: 


L.; 


LJ 


^ 


z 


z 


z 



On O^ 0^ 



z z 



O' O' o 



so ^ so 
Qi a: Di 

Cj O Lj 



< 

z 



< < < 



< 
z 



— O C: O 






oo — r*-j rvl r^. 

O O O o O 

OS O O _ _ 

o — — o o 



C Q C C: 



C Q Q Q C £2 



o 



< 

z 



< < < < < 

O U ^ L/ O 

z z z z z 



'sj 

< 



sj O O 



< < 



X 




M 


<y- 


Q 


, 


T, 


I-- 






u 


•> 


> 


T 


f- 


ap 


< 


o 


-1 




■^ 


-n 


^ 




U> 


■o 


u 











# 



°-5 






( 



cc oc oc oc cc 



3c -r OC OC OC 



a; 
o 



u 
z 



z 



a: a; lii 
'z :z. :z. 



z z 



2; 2i a: oi 
^ '^ u o 
z z z z 



00 cc 00 oc 00 



a- c- c- 



r^ oc V. T^ 



< < 



< < < < < 

z z z z z 



< < 



< < 



c- — , ,2., c- c- c. o, a. D. 

CL-C^C^C^ c- c^ C Cl 

<oo<<<<<< 



<<<<<< 



O 
00 



<<<<<<<< 
zzzzzzzz 



< < 
z z 



<<<<<<<<<< 
zzzzzzzzzz 



ai 

z 



2; 
z 



z z 



'•1 rj 


■7: 










:s: :r: 


c^ 


^ 


ce; 


^^ 


:i: 


z z 


^ 

z 


U 
Z 


2 


Z 


z 



j; 3- 3- 



ai 2i 2: ai 



o c o 



< 

Z 



= - — -.<<- 
1' Z' 2J 12 z z -■ 



< 
z 



< < 
z z 



< < 
z z 



< < < 
z z z 



<<<<<< 
z z z z z z 



< < 



< < 

z z 



<<<<<<<<< 






r\ ^ ^' ^ — f~i 
o 3 o r") n n 



3 ri c: rt ri 






U O L; L; ^ 
< < < < < 



< < < 

U ■_/ v_i U 

z z z z 



< < < < 

O U '^ 'sj 

z z z z 



<<<<<<<<<<<<< 

^ ^ ^ O O O O O ^ 's_> L^ L/ L^ 

zzzzzzzzzzzzz 



■a 






:= E 



C 
Z 

u 
> _ 

p op 

< i 

•J ^ 



■£2 



z 






aft. 



a: c 



&w 



a: a: a: 
■-J L/ O 
2 Z Z 



Di ai oi oi a: ai 

O L; ■— ' Cj "vj L; 



'—^ L^ '-^ '^ U L^ U U 



a: a: a: 

O '^ O 

:z :z z 



< < < < 



< < 



< < 



c^ c^ c^ c^ c^ c- 
C^ C^ C- c^ c- c 

<<<<<< 



X 



< < 

Z Z 



< < 
2 Z 



<<<<<< 
Z Z Z Z Z Z 



< < < < 

z z z z 



<<<<<<<<<< 

ZZZZ2ZZ2ZZ 



r^ r^ t^ r^ 

a; ai ar a: 

O O U O 

z z z z 

o^ o- 3- o- 



o o c 

3C 00 OC 

a: a: a: 



3- 



zzzzzzzzz 



a: 
z 



— z 



< < 
z z 



< < 
z z 



<<<<<< 
z z z z z z 



< < 
z z 



< < < < 
z z z z 



< < < 
z z z 



< 
z 



< 
z 



< < 
z z 



^ — r*-. ri -T — '^. — — rl rj — — n rl — r i r*-, t^ i^, ^c ac c- C: — n -r 'z*. C 
~ — — — — — — ri r i r I r I r^, f^, rf, rr, ir, T. T. yr. >r. >r, ir, if, ir, ir, ir. 'r, ir. ir, 

<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 

■^ ^ '^ O O '*J '^ O O O '^ L> O '^ '^ '^ 'w' O '--J Lz ^ O O O '^ *^ L^ O O 
ZZZZZZZZZZZZZZZZZZZZZZZZZZ2ZZ 



4 ' 



■u 



& « 



i e 



w 2; 



>1 

< I 






c 



b ! 



^1 



E t 



¥.1 



c= .t: 



( 



3C 




=c 


X 


oc 


X 

d 


00 


oc 


oc 




oc 


oc 


OC 


oc 


oc 


oc 


oc 


oc 


3C 


oc 


OC 


oc 


oc 


oc 


oc 


oc 


oc 


OC 


oc 


ai 


Cll 


:i; 


Di 


oi 


a; 


a; 


a: 


:s: 


ai 


Cii 


ce: 


:v: 


a: 


:^ 


a: 


a: 


^ 


Di 


a; 


Qi 


CL 


ii 


2i 


a: 


ai 


a: 


a; 


a; 


Z 


Z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


Z 


z 


z 


z 


Z 


Z 


z 


z 


— > 

z 


z 


Z 


Z 


z 


Z 


z 


Z 


z 


z 


Z 


r-- 


r~~ 


r-- 


r^ 


r^ 


r^ 


r- 


r- 


r^ 


r^ 


r- 


r~- 


r^ 


r- 


r— 


r-^ 


r- 


r- 


r-- 


r- 


r~- 


r- 


r^ 


r- 


r- 


i^ 


r- 


r- 


r-- 


r^-i 


Z: 


f^i 


::■ 


:!' 


1' 


1^. 


:::- 


::: 


Z: 


Zi 


I; 


:::• 


X' 


2 


:: 


:2 


i 


i 


rn 


::' 


:2 


Z: 


^ 


rn 


i 


r*~i 


^ 


^^ 



oc 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


OC 


oc 


oc 


OC 


OC 


oc 


OC 


oc 


oc 

3" 


oc 


oc 


oc 


oc 


oc 


oc 


oc 


OC 


oc 


OC 


r- 


r- 


r- 


r- 


r- 


r- 


r^ 


r^ 


r^ 


r- 


r-- 


r- 


r-- 


r- 


r- 


r- 


r- 


r- 


r- 


r- 


r- 


r^ 


r- 


f^ 


r- 


r- 


r- 


r~- 


r~- 


(N 


fN 


rj 


f*) 


r^ 


rN 


r-X 


r-j 


ri 


fN 


r^ 


fN 


fN 


fN 


rj 


fN 


fN 


(N 


fN 


r-J 


fN 


fN 


fN 


f"J 


ri 


ri 


ri 


r-i 


'^i 



C^ C- c 

CL C^ CL 

< < < 



< < < 

Z 2 Z 



(^4 rj rj rj 



<<<<<<<<<<<<<<<<<<<<<<<<< 



QC 



< 
Z 



< < < < 

Z Z z z 



< < < 
z z z 



< < < 
z z z 



< < 
z z 



< < 
z z 



V-, 


1/-. 


'/"i 


I/", 


ir. 




ir. 


>/", 


'/", 


I/", 


ly", 


t/-. 


'/". 


<r. 


ir. 


IT, 




»y-, 


V". 


W". 


w-. 


V-, 


U". 


t/-, 


'Z', 


w. 


"7", 


ly. 


"/", 




■V 


*• 


:^ 


'••• 






















a: 


z^ 


ai 


Di 


Oi 




ai 










■• 


^ 




z 


z 


z 


Z 


Z 


z 


Z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


z 


Z 


z 


z 


z 


Z 


z 


z 


z 


z 


z 


Z 


z 




o 


* 


— , 


:2r^ 


o 


i::^ 


^ 


~ 


^ 


o 


o 


,i= 




!X 


^ 


ir' 




o 




o 


S 




ii 


ir 






o 




f^. 


_' 


— 


r*", 


__' 


__' 


— 


' 


_' 


1 


^ 


f^ 


; 


; 


_: 


—1 


! 


_j 


_' 


^ 


_ 


i"^! 


__' 


_' 


_; 


_! 


_; 


i~^, 


; 



< < < < < 
z z z z z 



zzzzzzzzzzzzzzzzzzzzzzz 



r- oc c C — rj "-, -T oc c O — f J '-^. -T ir, oc c: r-i '-^, t r- oc c^ c: — ri r^-, — i- 

— — — r^ ri r-\ n l-J ri ri nr-, r--, r^, r^. r^. r^, r^, -r -r T -1" T T -T '>*- '/"- ■C •^- i^- 

-TT-t'T-T-T-T-r-r-r-T-T-r -rT-T-r-r-r-r-r-r-r-r-rT-T-T-T 

'/". >/■- V*. v. </", <y, »/", >y. '/", v, v~, i/-, »/-, i/", ir. i/-, ly", ly", ly". ur, vr, w, </", i/", u*. >/", </", ly. lt. 

<<<<<<<<<<<<<<<<<<<<<<<<<<<<< 

O O O O 'w ' O O U o o O '■-/ O '-^ O '^ O '■-/ ^ ^ '•-' '— ^ O ^ "^ O '— ' o ^ 



X 




u 


o^ 


Q 


, 


Z 


1^ 
> 


M 


■? 


> 


00 

3 


< 


o 


U 


-£ 


^ 


■o 


S 


B 


U) 


-o 


u 


— 1 



3 

ss 



D. 
O. 
< 






dew; 

•a o c 
— i c 
*< i: 






a-o. 



< 



fN — — 



a; 


::i 


oi 


o 


O 


o 


z 


^ 


^ 



Di 


cr: 


ci: 


q: 


a: 


£v; 


Qi 


OL 


OL 


w* 


^ 


^ 1 


^ J 


■^; 


^ 


O 


\J 


o 


^ 


^ 


yL. 


^ 


^1 


^ 


^ 


Z. 


Z 



r^ 


r- 


r- 


r- 


r- 


r- 


r~- 


r- 


t^ 


fN 


CN 


s 


S 


r-i 


(N 


fN 


fN 


fN 



< < < 



<<<<<< 
z z z z z z 



ri rj n 

"Y", w, w- 

«/". ly. I/", 

Di ai Qi 

O O O 

2 Z Z 

sD O O 



90 



< < < 

z z z 






- < 

-■ z 






r J ri 



u". */", 1^1 "V". ly", </", 



r^, ""j ^j ^C ^C ^O 
I/-, I/-J ir, V. I/-, iTi 



z z z 



< 
z 



U U U O O O -J U U U '^ O U U 
Z ZZZZZZZZ2ZZZZ 



O- O^ Qv o^ 

iy^> lA, *r, >r. 

r- r- [^ r- 

^ c^ :i; ai 

L/ ^ ^ '^ 

z z z z 



< 
z 



< < < < 
z z z z 



< < < < 
z z z z 



CC CC C2 CD 22 ""^ CC 
r- r- r-- r^ r~- r^ r- 

o o o o o o o 



o 


O 


o 


Cj 


;.j 


< 


< 


< 


< 


< 


■o 


■o 


u 


-J 


'-i 



< < 



o 


q 


o 


o 


o 


_] 
o 
o 


< 


< 


< 


•^ 


~J 


■-J 



Is! 

H 

H 

o 
> 

< 
H 

Q£ 

U 

u 



— — rj 



\0 *o \D 






< 



< < 



z z 



< 
z 



c > 


^J 


o 


C J 


O U 


<■ 


< 


< 


< 


< < 


o 


■^ 


'^ 


'. ; 


o u 


z 


z 


z 


2 


z z 


=c 


^ 


3C 


cc 


OO CO 





'-^ 


X 


c- 


u 


o* 


c 




r. 


1^ 








m 




2 



< £ 
-J -= 



■o 









:s = 



( 



0^ 

z 



a: 



00 oo 


oo 


cc 


a^ ON 


a. 


n-. 








»i-l — 




r- 














n- V-1 




■r> 


o o 


— 


o 



O < 













C/3 




















































Q£ 




















































U 




















































z; 








































































































^ 




















































< 








































_J 












X 
u 






# 


* 


* 


* 


* 


* 






* 


* 


* 


■)(- 


« 


« 


* 


* 




c/; 












u. 




















































O 




















































Q 




















































K 




















































< 




















































o 








O 


o 




■O 


(> 














O 






•O 




vO 












ca 








•/". 


yr. 




'V, 


ri 










'~^i 




"v-, 


r'^ 


r^) 


<r-, 




rj 
















r- 


oc 


oc 


r^ 


3C 


-f 






r~ 


r- 


r- 


r- 


=C 


r- 


r- 


OO 




-r 


















r- 






r- 










r- 


r- 


r- 


r- 




r^ 


r-- 






















a: 


ci; 


a; 


2i 


Ciil 


:r: 






:^ 


:^ 


2i 


^vi 


Cc; 


2=; 


a: 


f^ 


Qt: 

< 


oc 
















'— ' 


^ 


o 


O 


'■^ 


'^ 






'-J 


^ 


^ 


o 


o 


L; 


L./ 


'— ' 


'^ 












o 






2 


z 


z 


z 


z 


2 






Z 


Z 


z 


Z 


Z 


Z 


z 


Z 


2 












q 






o- 


r\ 


r\ 


'2: 


ri 


3- 






2: 


2: 


2 


2: 


rj 


2: 


2: 


rj 


ir, 


















r\ 






ri 
















rj 






ri 


o 


— 












^ 






^*"y 


i^\ 


rf, 


r~r~^ 


I"*", 









r<-^ 


r*-, 


rr^ 


r^^ 


i-y, 


rr 


r*-^ 


ry-, 


cc 


n 












o 






— 


— 


_ 


^ 


— 


— 






— 


^ 


^ 


^ 


— 


— 


. — '■ 


— ' 




— 


















































z 














o 






































O 














^J 










































r^, ,0 




^ 




-c 


< 








O 


o 




O' 


rj 














o 








•< 




1/-, ly-, 


■r, 


vr, 


</•, 


>/-, 








^ 


^ 




■^ 


:£ 




ir, 










\o 








TT 


■ — "V, 




1*-, 






a 

7L 








iTi 


Vj 




"/-, 




"O 












\ri 






T, 


-T 


OL CsL 


a: 


Cii 


a; 


c^ 








a; 


a: 




Di 


^ 


'J 

o. 


oc 










U 






~ 


w 




O O 


o 


'—J 


u 


'u 


< 








CJ 


o 




'— ' 


u 


O 










u 






'^ 


b. 


'^ 


2 z z 


z 


z 


z 


tJI 








z 


z 




z 


2 




Z 










2 






Z 


^ 


Z 


-T cc 


-T 


oc 


-r 


3C 










00 


oo 




oc 


— 


Cl 

E 


o 










oo 






rx. 




— 




















f*~l 


r*~i 








u 


rj 










rn 








rj 


— — 


— 


— 


— 


— 


3 

o 








— 


— 




. — 


— 


■— 


— 
















— 


O 


— 
















































-j 














-] 




z: 
O 


































< 




o- 


o- 




a- 




o 


^ 


^ 






MD 










■sD 


>sC 


■O 


^ 




■^o 


^ 




Z 

o 


'/-, 


"/". 


'/", 




'/", 




z 






rr, 






i-*"l 






















r^ 




-t 


r^ 


r- 




r- 




r- 

< 


— 


7i 


-r 






-r 










-T 


^ 


f' 


-^ 




-r 


•^ 






r- 


a; 


C^ 




£^ 




2[i 


^ 


Oi 






c^ 










a: 


ce; 


C^ 


cs; 




a: 


cc; 






::^ 


^ 


O 




O 




a. 


L^ 


i 

o 


O 






O 










o 


o 


O 


O 




U 


o 




O 


L^ 


z 


z 

2: 




z 




z 


2 






Z 
ir, 










z 


z 


z 


z 




z 


z 




2 

2 


o 










O 


(^J 


o 






O 










O 


o 


o 


O 




o 


q 






i-^i 


(~^; 




r^i 




■< 


__ 


r*-, 






r<-' 










r^i 


l-r-^ 


rn 


r^i 




rn 


r^. 




OS 


(^j 












O 




-J 






































5 


-r 

o 

o 




i?^, 




3 


z 
z 

O 




T 


-J- 
o 




(-J 








2 


«r-. 


^ 


d 




n 

IT'. 

q 


q 


O 

o 


m 

< 




o 




= 




Q 
< 




cc 


C2 

o 


o 


CC 

o 


o 


Q 




o 


"X. 


o 


O 


o 


O 


o 


o 


o 


oo 


O 


o 




o 




o 


a. 


O 


U 


Cj 


O 


O 


U 




O 


u 


O 


U 


U 


O 


O 


U 


^ 


z 


O 


< 


< 




< 




I 


< 


< 


< 


< 


< 


< 


< 




< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


O 


■u 




o 






o 


u 


o 


u 


u 


^ 


O 


Cj 




U 


o 


O 


O 


O 


o 


o 


O 


U 




O 


Z 


Z 




z 




Z 


H 


2 


z 


Z 


z 


z 


2 




Z 


z 


z 


z 


Z 


z 


z 


z 


Z 


Z 


=c 


oc 




3C 




0. 


__ 




'/". 


'A. 


'/". 


T. 


»y", 


'r. 




1/", 


"/". 


'^. 


'/", 


'/". 


T, 


'/", 


«y. 


«/-, 


cs 


.^ 


— 


— 




— 




i~] 


r 1 


(~ t 


rl 


r-j 


r-l 


i~ 1 




r 1 


n 


r-l 


1-1 


r-i 


r] 


ri 


r J 


•"' 




(-1 












X 




(A 


































X 





a: 
z 



z 

o 
< 

H 
Q£ 
O 

0. 

z 
< 

C£ 





O 


x 


Ov 




2 


7', 


t^ 






u 


^ 


> 


r 


H 


Oi) 

3 


<: 


o 


^ 


-C 


_> 


-a 


S 


^ 


i-i 


-o 


r ^ 


Q. 




Z) 



5 


OS 
ta 

> 

£ 

a. 
a 

< 






Text differs 

from 

proposal 


3 

« 

a: 


3^ 
SO 


s 
o 

< 






Am 
© 

z: 








0^ 

II 



(^1 sO 
O^ — 



o 






c_ _ c c a. 
c:_ -c cl c- o. 
< O < < < 



2 E 



00 



a: ai a: 



z z 



. — 


— 


— 


— 


(-■-] 


— 


aC 


(^ 


:=: 


c^ 


d^ 


g; 




z 


z 


z 


Z 


z 



Z 



z 



2: 
z 



sC 'O — — 






— — o- o 



Z Z 



Z z 



z z 



z z 



U '~J O -J 



z 



a: 
o 
z 



r-"", ~- r*", 



r*-, r*-, — 



O' — r^j 






r^, O — O — 



d C LU 









O - - - 

c« w O O 









< 


< 


< 


•u 





■-J 


z 


z 


z 


< 


< 


< 



(.; 


Cj 














U 




















< 


< 


<■ 


< 


< 


< 


<: 


< 


< 


< 


< 


<. 


< 





U 





























U 





z 


z 


Z 


Z 


z 


z 


z 


z 


z 


z 


Z 


Z 


Z 


<■ 


<■ 


<r 


<■ 


< 


<r 


< 


<■ 


<■ 


<r 


<■ 


<■ 


<r 


0- 


cr 


o~ 


0- 





0- 


o- 


O-' 


o- 


cr 


•0- 


:^ 


0- 











< 


<■ 


<■ 


I ^ 





u 


z 


z 


z 


< 


< 


< 



<■ 


<■ 


<■ 


<■ 











l-J 


z 


z 


z 


z 


< 


< 


< 


< 






2 _ 

•a « 

!= S S 

•o o c 



Q 
< 2 

-J :£ 



izz 









5^ 



¥.1 



e S 



a: a: a: 
O O ^ 
z z z 



ai Qi q: a: oi ct: 
O O o O ^ O 
Z Z Z Z 2 Z 



■^ 


r~- 


r^ 


r~~ 


r-- 


r^ 


r~~ 


r- 


r~~ 


r-^ 


r^ 


rn 


X' 


r*-| 


1-^ 


Zl 


Z: 


rn 


rn 


rn 



ococccoo oocscccoc 



C^ C~ CL. C^ C~ CL c^ c:^ c 

<<<<<<<<< 



00 



z z 



r^, 1-^, r^, r*-i r^, 



z 






n4 ri r-\ 



cc, c^ cd ::^ c^ c^ CC: 



\0 ''C "-C ^O "^ ^ 





O 


O 


o 


o 


O 


o 


O 


'-.J 


O 


O 


s 


< 


< 


< 


< 


< 


< 


< 


< 


< 


< 


^ 


^.^ 


^ 


o 


o 


o 


o 


O 


'-I 






^ 


z 


z 


z 


z 


Z 


z 


z 


Z 


Z 


Z 


^ 


<• 


<■ 


< 


<r 


<r 


<f 


<r 


<r 


<■ 


<■ 


— 


■0- 


o- 


o- 


o- 


2 


o- 


o~ 


a- 


o- 





n 


oc 


oc 








q: 


rl 


rj 


ff 


^ 


2:: 


n 


^ 


w- 


CQ 


Z 


z 








-i 


r-.| 


r"t 


< 


r^ 


n 


u 


— 


— 








o 






u 






? 


o 


00 

o 




rj 


n 








^ 






tt 


^ 


■o 


-<f 


-C 


<^ 


y 


^ 


O 




< 


<• 


K 


^ 


o 


u 


Z 


Z 


f- 








u 


n 


ri 



Name 



Place 

Stamp 

Here 



Address 



City 



State Zip 



Office of Administrative Hearings 

P.O. Drawer 27447 
Raleigh, NC 27611-7447 



D 

D 



NORTH CAROLINA REGISTER 
ORDER FORM 



Please enter my subscription for the North Carolina Register to start with the. 
($195.00/year subscription. N.C. suscribers please add sales tax.) 



.issue. 



Renew !\ortli Carolina Register 



I I Check Enclosed | | Please bill me 

Please make check payable to Office of Administrative Hearings 



Name 



Address 



City 



State 



Zip 



CHANGE OF ADDRESS 



1. Present Address 



Name 

Address 

City 

2. New Address 



State 



Zip 



Name 



Address 



City 



State 



Zip 



I 



Office of Administrative Hearings 

P.O. Drawer 27447 

Raleigh, North Carolina 2761 1-7447 



Periodicals Postage 
Paid in Raleigh, NC 
USPS 016727 



************* 



********** 



** 3-DlGIT 275 



UNIV. OF NORTH CAROLINA 
LAW LIBRARY CB# 3385 
VAN HECKE-WETTACH 064-A 
CHAPEL HILL NC 27599-